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COMMONWEALTH OF PENNSYLVANIA 



DIGEST 



Game, Fish and Forestry Laws 



This pamphlet is published hut once in two years, a single edition being 
printed and that edition is limited in numbers by the Joint Resolu- 
tion of the Senate and House directing its publication. 



EDITED BY DR. JOSEPH KALBFUS 

Secretary of the Game Commission 



1915 



HARRISBURG, PA.: 

WM. STANLEY RAY, STATE PRINTER 
1915 



COMMONWEALTH OF PENNSYLVANIA 

DIGEST _3£^. 

OF THE /^VV • / ' 

Game, Fisli and Forestry Laws 



This pamphlet is published but once in two years, a single edition being 
i printed and that edition is limited in numbers by the Joint Resolu- 

/ tion of the Senate and House directing its publication. 



EDITED BY DR. JOSEPH KALBFUS 

Secretary of the Game Commission 



1915 



HARRISBURG, PA.: 

^WM. STANLEY RAY, STATE PRINTER 
1915. 






\^^' 



DIVISION 1. Page 11 



Contains laws or parts of laws treating of Game, of song and 
insectivorous birds . 

DIVISION 2. Page 143 

Contains laws or parts of laws treating of fish only. 

DIVISION 3. Page 257 

Contains laws pertaining to Forestry. 

A collection of Leading Decisions relative to Game and Fish 
Law is printed, beginning on page 235. 

The Game Commission is entrusted with the care of Game and 
wild birds. 

The Department of Fisheries is charged with the protection of 
fishes. 

The Forestry Department has control of Forestry. 

The work of each is separate and distinct. 

A summary of the laws bearing upon these subjects and separate 
index is attached. 

Please read the letter beginning on page 5. 

D. of 0« 

bti" d WIS 

(2) 



A. JOINT RESOLUTION 

Directing the publication of the pamphlet containing the game, 
fish, and forestry laws. 

Whereas, By reason of the great demand by the 
people of this Commonwealth for the pamphlet con- Prenmbie. 
taining the game, the fish, and the forestry laws of 
this Commonwealth, the many proposed changes of the 
same and additions thereto, and that the people of the 
State be given the opportunity to become acquainted 
with these laws as quickly as possible after their en- 
actment; therefore: — 

Section 1. Be it resolved (if the Senate concur). 
That the secretary of the Board of Game Commis 
sioners of this Commonwealth be and is hereby directed iXws 
to prepare the data, and as soon as possible after the 
close of its session present the same to the Superin- 
tendent of Public Printing, who shall, at the expense 
of the State, have published in pamphlet form one 
hundred thousand (100,000) copies of said laws, to- 
gether with such letter of instruction or explanation 
by those entrusted with the care of our game, our 
forests, and our fish as may seem necessary: these 
pamphlets to be placed by the Division of Distribution Distribution 
of Documents in numbers as provided by law. 

Approved— The 9th day of April, A. D. 1915. 

MARTIN G. BRUMBAUGH. 



Gamp, fisb, 

1 forestry 



(3^ 



^k 



(4) 



LETTER OF TRANSMITTAL. 



In the minds of those who have to do with the forestry, the 
fish and the game interests of this Commonwealth, those that 
have given these subjects careful and thoughtful study, each of 
them in itself seems to occupy such a place in the makeup of the 
individual life of so many people and are jointly so interwoven 
with each other and the general prosperity of our State, as to 
make even their prospective loss appear in the light of a calamity, 
a condition that if once established will be extremely hard, if not 
impossible to overcome, and that will bring serious, very serious, 
results in its train. 

It has long since been determined that growing timber, forest, 
shade and fruit trees were absolutely necessary to the healthful 
enjoyment of this life. That the product of growing timber is 
absolutely necessary to the success of mechanical pursuits. That 
upon the preservation or reproduction of our forests depends our 
continuous water supply, our protection from drought, as well as 
our defense against excessive floods. 

It is desired to call particular attention to two statutes re- 
lating to forests and forestry. The first is the municipal forest 
law, which permits municipalities to purchase forest land for the 
purpose of revenue, using the returns for such municipal pur- 
poses as may be necessary ; and the other is the forest fire 
wardens act, completely changing the system of fire fighting in 
this Commonwealth. These acts will be found at pages — and — . 
• How much better it would have been for this Commonwealth 
had the subject of forestry, with all that word covers, been in- 
telligently considered and acted upon fifty years ago instead of 
to-day. 

How much better it would have been had the people of this 
Commonwealth and of this Nation, endorsed the idea of game 
and wild bird preservation and of fish protection and propagation, 
fifty years ago instead of at this time. 

It has been said that the benefit derived by a day afield with 
rod, or gun, by the tired, or worn out, indoor worker, is some- 
thing that cannot be correctly expressed in words or figures. 
Physical exercise and forgetfulness of daily worry and business 
care, bring their reward in return of health and there is no in- 
centive in this direction that begins to take the place of the 
pursuit of game or fish. Any one who ever hooked a two pound 
bass, or used an artificial fly, can realize what total forgetful- 
ness of business cares means ; how from the moment the strike 

(5) 



6 GAME, FISH AND FORESTRY LAWS. 

was made the circulation quickened and all thought of the World 
outside was forgotten, until that fish was landed; how in anticipa- 
tion of a strike every cast of the fly took his whole attention. No 
one can forget the flushing of that wild turkey or of that pheas- 
ant, or of that covey of quail, or how bunny sprang out most un- 
expectedly and how in absolute forgetfulness of all beside, he 
took that needed and continued exercise in their pursuit, that 
notliing besides would have caused him to take, and how in rest- 
ful oblivion he passed the night without even a dream of business 
cares. . 

The Department of Health was created for the purpose of 
conserving the health of our people. Sanitariums are everywhere 
being erected and maintained, in the hope of curing those who 
are ailing. Our idea is to make an open park of all the wild 
lands of this Commonwealth, a place in which our people of all 
classes can find pleasure and maintain their strength, \,-here the 
well and strong can enjoy an outing that will keep _ them well 
and make them stronger; where those who are starting on the 
road to shattered nerves, and inability to meet the demands they 
are called upon to face, can strengthen their hold on all those 
things that fit men the better to meet the requirements of their 
everyday battle with the World. 

The presence of game or fish is a lure to strenuous outdoor 
exercise, that means better health to those who hunt or fish, 
and therefore better citizenship. To us, hunting or the pur- 
suit of game, does not appear simply in the light of recreation, 
or pleasure, nor does it appear as a waste of time; but instead 
is in every sense of the word a National necessity. 

The ability acquired by young America in the pursuit of game, 
in the handling of the gun, in taking care of himself in the fields, 
or in the forests, or on the water, has made it possible for our 
Volunteers to become with limited discipline and drill the equal 
of any Regular on the face of the Earth. I cite as illustration the 
work done by Jackson's men at New Orleans, the efficiency of our 
own Pennsylvania BucktaiJs during the late Civil War, the work 
of the Boer with the gun in South Africa, where 1,000 men, wh© 
knew how to shoot and to shift for themselves, appeared to be the 
equal of many thousands of men who did not possess that ability. 
Under our system of Government and present conditions, the 
efficient volunteer is our bulwark of defense in the time of War, 
and this State owes it to itself, for this reason, if for no other, t® 
supply its young men with the incentive to this training in the 
shape of game, without which they cannot and will not be fitted 
to meet the demands made upon them. We had in Pennsylvania 
last fall, fully 8,000 men who camped upon State lands. 

We had that many more men who hunted on State lands, with- 
out camping, and the total of those hunting on State lands was 



GAME, FISH AND FORESTRY LAWS. 7 

not more than one-half of those who hunted with rifles in this 
State last fall, together making an army of at least 30,000 rifle- 
men . 

During the season for 1913 there were 305,028 hunters licenses 
taken in Pennsylvania. During the season of 1914 there were 
about 300,000 hunters licenses taken. We believe that the farmers 
of this State together with their tenants and the families of 
such farmers and tenants, who may hunt under the provisions 
of law, without securing a hunter's license, joined to those who 
hunted without a license in violation of law, will make fully 
an hundred thousand hunters, and these joined to the three 
hundred thousand who secured a license will make fully four 
hundred thousand hunters in this State last year. Statistics 
collected from the hunting field of this State last fall indicate 
that at least 400,000 ruffed grouse, 2,000,000 rabbits, 37,000 quail, 
225,000 squirriels, 17,000 woodcock, 37,000 waterfowl, 9,500 rac- 
coons, 400 bear, and 1,100 deer were killed in this State, beside 
other game J making jointly a fair return in the matter of food 
supply to those who went hunting and this entirely outside the 
benefit secured through recreation, the training in the use of 
guns and in camping, the increased knowledge regarding the to- 
pography of the State, her towns, her cities, her improvements, 
her railroads, her mineral wealth, her water ways, her flora 
and her fauna, that would not have been secured in any other 
way. To fully appreciate our Commonwealth our people must 
know her. 

We believe it conservative to fix ten dollars as the average ex- 
penditure to each man that went hunting; this includes time, wear 
and tare and actual cash expended, 10 times $400,000 means $4,- 
000,000 expended in an effort to destroy our game of various kinds. 
The appropriation made to the use of the Game Commission to 
replenish and return game to our covers was last year, $48,700 
and I call attention to the fact that it is just as hard to-day 
"to make good brick without straw" as it was in the olden time. 
We who are trying to do the work realize that without the help 
of the people, the utmost effort of the Game Commission, or of 
the Department of Forestry, or of the Department of Fisheries, 
must be futile. I call the attention of those who do not hunt to 
the fact that under the law they are joint owners in the wild 
game and birds of this Commonwealth, and beg of them to help 
conserve these things before it is too late ; this for the game 
phase of this question. 

There is another side to the work of the Game Commission 
beside the creation of game, with all that indicates and one that 
means much more to the Nation, to the State and to you, and 
that is the work pertaining to the preservation of wild birds 
other than game birds, the value of whose life work is far greater 
than anything that can possibly come through the presence of any 
quantity of game. 



8 GAME, FISH AND FORESTRY LAWS. 

It is estimated by the Agricultural Department at "Washington 
that through the ravages of insects an annual loss to agriculture 
in the United States is incurred, equalling, if not exceeding, ten 
per cent, of the entire production. 

Professor Forbush estimates the loss from this cause in Mas- 
sachusetts at fifteen per cent. 

A loss of but ten per cent, means a loss of more than one 
billion dollars ($1,000,000,000.00) to the farmers of the United 
States last year, and this loss is entirely outside of the cost of 
machinery, poisons, labor, etc., in attempting to curb these 
pests. 

It is claimed that we have 600 colleges and universities in the 
United States, the value of which, including buildings and en- 
dowments, exceeds $500,000,000.00. The loss to agriculture in the 
United States through the ravages of insects in a single year 
would replace these buildings and their endowments were they 
from any cause destroyed and leave unexpended a balance of 
$500,000,000.00, sufficient to creat and endow in like amount 600 
additional colleges and universities. 

It is estimated that we have 30,000,000 school children in the 
United States and there is no doubt whatever but that the 
cost of educating these children is one of the heaviest demands 
made upon the reserve funds of this Nation. The loss to agri- 
culture through the ravages of insects if saved would go a long 
way toward meeting this claim. 

Our Representatives at Washington are spending much time 
in considering whether or not one battleship or two shall be 
built annually by the United States. A battleship costs about 
eight million dollars ($8,000,000.00). The loss to agriculture be- 
cause of insects in a single year would build annually one hun- 
dred battleships, and then some. 

The greatest of all engineering feats in the history of civiliza- 
tion, the Panama Oanal, costs about $475,000,000.00, and that we 
may fully understand the magnitude of this undertaking let me 
say the excavation made in this work means a ditch 55 feet 
wide and 10 feet deep, extending from New York to San Fran- 
cisco. The dirt excavated if piled in form equal to the Chinese 
wall would create an embankment 2,500 miles in length. The 
Chinese wall is about 1,500 miles long. The material excavated 
in this undertaking if placed in piles equal in every way to the 
pyramids of Egypt would create sixty (60) such pyramids, that 
if placed side by side would extend more than nine miles. Thie 
pyramids of Egypt, as you know, are but three in number, and 
the work of their construction is considered to be one of the 
wonders of the world. The loss to agriculture annually from 
the ravages of insects in the United States is more than double 
the cost of the stupendous work done in creating this canal. 



GAME, FISH AND FORESTRY LAWS. 9 

I miglit mention the loss incurred through the Chicago fire, or the 
tidal wave at Galveston, or the loss of the Titanic, each of 
which occurrences in itself cause the great heart of the world 
to stand still in sympathetic fear. No one of these occurrences 
singly or joined together begin to measure either in the sacrifice 
of human lives or financially _ with the possibility of destruction 
by insects to be followed by famine and pestilence. Yet, ordinary 
men take no interest in this matter. 

Only a short time ago the farmers of this Nation were shocked 
as never before by the simple mention of harm that might come 
to them through a new political proposition known as "Reci- 
procity." The annual loss actually incurred through the ravages 
of insects exceeds by far any possible loss that might come through 
or because of this proposed legislation, yet, because of what they 
feared might happen if the new regulations were indorsed, men 
abandoned the tenents of their fathers and for the time being 
at least, severed life-long friendships and political affiliations. 

Regarding undoubted and positive loss through the presence of 
insects, these same men stand with folded hands and do nothing. 
We are indeed a strange people. But, I believe I have said 
enough to cause you who may read this article to consider the 
subject, and you are no doubt already wondering why it is, 
if what I have said be only partly true, that we can live upon 
this earth at all, why it is that vegetation has not been long 
ago destroyed, and the answer comes; — 

That because of climatic conditions, diseases, starvation, in- 
sect enemies, poisons and birds, this vast army of destroying 
agents is decimated and held in check, and no one questions the 
claim that the birds are a mighty factor in this direction. 
Zoologists tell us most young birds while in the nest are fed 
upon insect life, and that each one daily consumes an amount 
of animal food in the shape of insects equal to its own weight. 
Say there is but a single nest to the acre in this State, and that 
each nest contains four young birds weighing one ounce each, 
or four ounces to the nest, one pound to four acres, one ton 
to eight thousand acres, we have in round numbers in Pennsyl- 
vania 28,800,000 acres, and it would therefore, at this rate, require 
3,600 tons of insects to feed the birds of this State one single day. 
Surely the life work of birds means something to each one of us. 

Some one has defined Ornithology to be the study of birds from 
the standpoint of dollars and cents, and it matters not whether 
the birds be classed as a game bird, a song bird or an insectivorous 
bird, its value living far exceeds its value dead. 

Consider the worth of fish and fishing, the pleasure, experience, 
recreation, with consequent better health and improved ability 
to meet the demands made by the family or State and in addition 
the cash value of the many tons of fish taken. 



10 GAME, FISH AND FORESTRY LAWS. 

Under the Constitution of Pennsylvania, there can be no special 
or sectional legislation. Our laws must as nearly as possible be 
drawn to meet the necessities of the entire State and of every 
part thereof, and to this end the Legislature has directed ijts labors. 

This book contains a compilation of the laws of this Common- 
wealth upon the subjects of forestry, fish and game; and it is 
the most earnest desire of those entrusted with the care of these 
subjects that every resident of this Commonwealth awake now 
to the realization of the fact that their individual help is needed 
to protect these interests. No one, it seems to us, has attained an 
elevation in this State that places him above having a personal 
interest in these matters and no one occupies a position so lowly 
that his influence cannot be of value. Every community should 
have an organization for forestry, fish and game protection, and 
we hope the laws contained in this little book will be read and re- 
read, not by hunters and fishermen only, but by every individual 
in the State who has her interests truly at heart, who, if they will 
but one moment think upon these subjects, cannot fail to recognize 
that every step taken for the protection of our forests, our fish 
and our game and our wild birds other than game birds, is a step 
in the right direction and one that cannot fail to be of benefit to 
the Commonwealth. 

It is impossible to secure laws that in all respects suit every- 
body. We believe the acts contained in this book are fair and 
reasonable and just in most respects, and are worthy of the 
highest regard and entitled to the full support of all law abiding 
citizens. They were passed for the purpose of benefiting all the 
people of this Commonwealth, Neither of the Departments en- 
trusted with the care of these subjects is powerful enough in 
itself to enforce the laws as they should be enforced. Neither of 
these Departments, without the help of the people, can secure 
results such as are desired. We need your individual support. 
We want that help. We feel that we are working for your bene- 
fit and are entitled to that support. We beg of you to help your- 
self and your community by aiding us in this work. 

Individual effort in behalf of these subjects is well enough and 
much good has already and will hereafter result from such efforts. 
Organization for the purpose of advancing these interests is still 
better, and in the hope of aiding you in such organizations we 
publish on page 333 of this book a short form of suggestions that 
may be of use. We would like to see an organization for one or 
all of these purposes combined in every community of this Com- 
monwealth . 

Respectfully yours, 

JOSEPH KALBFUS, 

Secretary of the Game Commission. 



GAME, FISH AP MESTRY LAWS 



DIVISION 1 

CONTAINING LAWS OR PARTS OF LAWS 
TREATING OF GAME, OF SONG, AND IN- 
SECTIVOROUS BIRDS. 



AN ACT 

To provide for the appointment of Game Commis- 
sioners for the Commonwealth of Pennsylvania, de- 
fining their duties and empowering them to appoint 
game protectors. 

Section 1. Be it enacted, &c.. That the Governor 
of the Commonwealth is hereby authorized and re- 
quired to appoint, subject to the approval of the 
Senate, six competent citizens of this State to be 
and act as a Board of Game Commissioners, no two 
of whom shall be from the same Senatorial district, 
and shall, upon said appointment, designate which 
two of said persons shaU receive and hold office dur- 
ing the term of one year, which two of said persons 
shall receive and hold office during the term of two 
years, and which two of said persons shall receive 
and hold office for the term of three years. 

Upon the death, resignation or removal from office 
of any persons so appointed as aforesaid, the Gover- 
nor shall appoint a competent person to serve for 
the unexpired term of the person so dying, resign- 
ing or removed, subject to the approval of the Sen- 
ate at its next meeting, if such meeting shall be be- 
fore the expiration of the term of office of such ap- 
pointee. 

Upon the expiration of the term of the officers so 
appointed and designated under the provisions of 
this act, their successor shall be appointed in manner 



.Tune 25, 
1895. P. L. 
273. 



ApDointment 
of Board of 
Game Com- 
missioners, 
authorized. 



Terms of 
first ap- 
pointees. 



Vacancy, 
liow filled. 



(11) 



12 



GAME, FISH AND FORESTRY LAWS. 



Full term 
shall be 
three years. 

No compen- 
sation for 
services. 

Office of 
board. 



Meetings. 



Duties of 
board in 
protection of 
game. 



In collection 
of statistics. 



Keep re- 
ports, &c. 



Annual re- 
port to Gov- 
ernor. 



Contents of 
report. 



Governor 
shall present 
report to 
Legislature. 



Game pro- 
tectors. ■ 



aforesaid for the term of three years so that there 
shall not be more than two vacancies at any one 
time in such commission, and the term of two com- 
missioners shall expire thereafter each^ year. The 
commissioners shall receive no compensation for their 
services . 

Section 2. The Board of Game Commissioners shall 
have an office in the Capitol, at Harrisburg, Penn- 
sylvania, and shall hold meetings at such oflfice on 
the first Thursday of January and July, and at such 
other times and places within the State as the com- 
missioners shall appoint for the transaction of busi- 
ness. It shall be the duty of said board to protect and 
preserve the game, song and insectivorous birds and 
mammals of the State, and to enforce, by proper 
actions and proceedings, the laws of this Common- 
wealth relating to the same. It shall be the duty 
of said board to collect, classify and preserve aU 
such statistics, data and information as, in their 
judgment, will tend to promote the objects of this 
act, to take charge of and keep all reports, books, 
papers and documents which shall, in the discharge 
of their duties hereunder, come into their possession 
or under their control. 

It shall be the duty of said board, on or before 
the first Monday in December of each year, to pre- 
pare and present to the Governor of this State an 
annual report, showing what has been done by them 
during the current year, the amount received by 
them, and from what sources, and the amount ex- 
pended by them, and for what purposes, with such 
recommendations for legislative action, if any, as the 
said board may deem wise for the better accom- 
plishment of this act. The Governor shall lay said 
reports before the Legislatures convening next after 
their receipt. 

Section 3, as amended by the Act of April 22nd, 
1915, P. L. 168 

Section 3. The Board of Game Commissioners shall 
have the power and authority to appoint siwty (60) 
competent men, whose powers and duties are herein- 
ater defined, and who shall be known as game pro- 
tectors. The said board shall, from time to time, 
designate one of such protectors as chief protector, 
who shall remain such during the pleasure of the 
board, and who shall have the direction, supervision. 



GAME, FISH AND FORESTRY LAWS. 



13 



and control of the other protectors. The chief game 
protector shall be secretary to the Board of Game 
Commissioners, and shall occupy as his permanent 
headquarters the room assigned to the Game Com- 
missioners at the Capitol, at Harrisburg. Said secre- 
tary shall have authority to have printed, at the 
expense of the State, the annual report of the Board 
of Game Commissioners to the Governor, and such 
other bulletins as, in the opinion of said board, may 
be necessary to its wort. 

Section 4. Game protectors so appointed shall hold 
office during the pleasure of the Board of Game Com- 
missioners, which may summarily remove any of 
their number and appoint another in his place. The 
game protectors shall enforce all the game laws of 
the State and the provisions supplementary thereto, 
and shall have full power to execute all warrants 
and search warrants issued for the violation of the 
game law, and to serve subpoenas issued for the ex- 
amination, investigation or trial of all offenses 
against said laws ; each protector shall keep a record 
of his official acts, receipts and expenditures and 
at the close of each month make summary of such 
record, with such statements in detail as shall be 
necessary for the information of his chief, and report 
the same to the chief protector under oath. The 
chief proctector shall report to the Board of Com- 
missioners any negligence or dereliction of duty or 
incompetency on the part of any of the protectors, 
with the facts relating thereto, and he shall report 
■monthly to said commissioners the operations of his 
department during the preceding month, and shall 
make such further reports as may be required by the 
Board of Commissioners. 



Chief game 
protector 
shall be 
secretary of 
the board. 



Annual re- 
port and 
bulletins. 

Protectors 
shall hold 
oflBce at 
pleasure of 
board. 



Shall en- 
force game 
laws. 

Serve sub- 
poenas. 
Shall keep 
record of 
oflBcial acts 
&c., and re- 
port under 
oath. 



Chief pro- 
tector shall 
report negli- 
gence on 
part of pro- 
tectors. 
Shall make 
monthly re- 
port. 



Approved— The 25th of June, A. D. 1895. 

DANIEL H. HASTINGS. 



14 



GAME, FISH AND FORESTRY LAWS. 



March 22, 
1S99. P. L. 
17. 



Constables 
to be ex-Q] 
eio fire, 
game and 
fish war- 
dens. 

Duties of 
wardens. 



May arrest 

without 

warrant. 



Arrests may 
be made on 
Sunday. 



Power with- 
out warrant 
to search 
and examine. 



To seize and 
take posses- 
sion of game 
and fish. 



AN ACT 

Making constables of townships and boroughs ex- 
officio fire, game and fish wardens, prescribing 
their powers and duties, fixing their fees as war- 
dens, and prescribing their punishment for failure 
to perform their duties. 

Section 1. Be it enacted, &c.. That from and 
after the passage of this act the constables of the 
various wards, boroughs and townships of the Com- 
monwealth shall be ex-officio, fire, game, and fish 
wardens. 

Section 2. It shall be the duty of said fire, game 
and fish wardens to enforce all statutes of this State 
now in force, or that hereafter be enacted, for the 
protection of forests and timber lands from fire, and 
for the protection and propagation of game, game 
birds, game mammals, song and insectivorous birds, 
and fish, and said constables or wardens shall have 
authority to arrest without warrant any person or 
persons caught by them in the act of violating any of 
the aforesaid laws for the protection of forests and 
timber lands, game, and food and game fish, and 
take such person or persons forthwith before a jus- 
tice of the peace or other magistrate having juris- 
diction, who shall proceed without delay to hear, 
try and determine the matter. Such arrests may be 
also made on Sunday, in which case the person or 
persons arrested shall be taken before the proper 
officer, and proceeded against as soon as may be on 
a week day following the arrest. 

Section 3. Said constables or wardens shall have 
power without warrant to search and examine any 
boat, conveyance, vehicle, fish box, fish basket, game 
bag or game coat, or other receptacle for game or 
fish, when they have good reason to believe that any 
of the lawfe for the protection of forests and timber 
lands, game and fish, have been violated; and the 
said constables shall at any time seize and take pos- 
session of any and all birds, animals or fish, which 
have been caught, taken or killed at any time, in 
a manner or for a purpose, or had in possession or 
under control, have been shipped or are about to be 
shipped, contrary to any of the laws of this State. 
Any court having jurisdiction of the offense, upon 



GAME, FISH AND FORESTRY LAWS. 



15 



receiving proof of probable cause for believeing in the 
concealment of any bird, animal or fish, caught, 
taken, kUled, had in possession, under control or 
shipped, or about to be shipped, contrary to law, 
shall issue a search warrant and cause a search to 
be made in any place, and to that end may, after de- 
mand and refusal, cause any building, enclosure or 
car to be entered, and any apartment, chest, box, 
locker, crate, basket or package, to be broken open 
and the contents thereof examined by said constable. 
AU birds, animals or fish, or net, or fishing appli- 
ances, or apparatus, seized by any constable or war- 
den, shall be disposed of in such manner as may be 
directed by the court before whom the offense is 
tried, and such constable or warden shall not be liable 
for damages on account of any such search, exami- 
nation or seizure, or the destruction of any nets or 
fishing apparatus of any kind in accordance with the 
provisions of this act. 

Section 4. Any constable or warden, upon the ar- 
rest and prosecution of any offender to conviction 
under the provisions of this act, shall, in addition 
to the fees to which he may be entitled under exist- 
ing laws, be paid for his services the sum of ten 
dollars on a warrant drawn by the county commis- 
sioners on the county treasurer one-half of which 
shall be paid out of the treasury of the respective 
county, and the remaining half of said reward shall 
be paid by the State Treasurer into the treasury 
of said county, out of moneys not otherwise appro- 
priated, upon warrant from the Auditor General, but 
no such warrant shall be drawn until the respective 
county commissioners shall have first furnished, under 
oath, to the Auditor General, a written itemized 
statement of such expenses, and until the same is 
approved by the Auditor General: Provided, That 
no county shall be liable to pay for this purpose in 
any one year an amount exceeding five hundred dol- 
lars. 

Section 5. Each of said constables or wardens 
shall, for the purpose of this act, have concurrent 
jurisdiction throughout his own proper county ; and 
they shall in the first week in each term of the court 
of quarter sessions of their respective counties, make 
special returns to said court, under oath, of aU vio- 
lations occurring in their respective townships, or 
which may come or be brought to their notice, of 



Courts may 
issue search 
warrants. 



Property 
seized to be 
disposed of 
as directed 
by the court. 

Constables 
not liable 
for damages. "^ 

Constables 
or wardens 
to be paid. 



How paid. 



Proviso. 



Constables 
or wardens 
to have 
concurrent 
jurisdiction. 

To make 
special re- 
turns to 
court. 



16 



GAME, FISH AND FORESTRY LAWS. 



Duty of the 
court. 

Neglect or 
refusal of 
constables a 
misde- 
meanor. 



Penalty. 



Repeal. 



any of the provisions of any law now in force, or 
that may hereafter be enacted, for the protection of 
forests and timber lands, game and fish ; and it shall 
be the duty of the judge of said court to see that 
such returns are faithfully made, and any constable 
or warden wilfully neglecting or refusing to make 
such returns, or to prosecute any offense under said 
laws of which he shall have personal knowledge or 
which he shall have notice in writing by any citizen, 
giving the name of the offender together with the 
names of the witnesses, shall be guilty of a mis- 
demeanor, and upon conviction thereof be sentenced 
to pay a fine of fifty dollars, or to undergo an im- 
prisonment in the county jail for two months, both 
or either, at the discretion of the court. 

Section 6. All sections, ^provisions, acts or parts 
of acts inconsistent with this act, or any section 
of it, are hereby repealed. 

Approved— The 22d day of March, A. D. 1899. 

WILLIAM A. STONE. 



May 21, 
1901. P. L. 



May arrest 

without 

warrant. 



A SUPPLEMENT 

To an act, entitled "An act to provide for the ap- 
pointment of game commissioners of the Common- 
wealth of Pennsylvania, defining their duties, and 
empowering them to appoint game protectors," ap- 
proved the twenty-fifth day of June, Anno Domini 
one thousand eight hundred and ninety-five ; extend- 
ing the powers of said protectors, making disposition 
of fines received by them, and regulatinng their 
pay. 

Section 1. Be it enacted, &c.. That from and after 
the passage of this act the game protectors appointed 
by virtue of the provisions of the act, entitled "An 
act to provide for the appointment of game commis- 
sioners for the Commonwealth of Pennsylvania, de- 
fining their duties, and empowering them to appoint 
game protectors," approved the twenty-fifth day of 
June, Anno Domini one thousand eight hundred and 
ninety-five shall have, in addition to the powers con- 
ferred upon them by said act, the authority to arrest 
without warrant any person or persons found by 
them in the act of violating any of the laws of this 



GAME, FISH AND FORESTRY LAWS 



17 



Commonwealth now in force, or that may hereafter be 
enacted for the protection of game, of song and of 
insectivorous birds, and take such person or persons 
forthwith before a justice of the peace or other magis- 
trate having jurisdiction, who shall proceed without 
delay to hear, try and determine the matter; such 
arrest may also be made on Sunday, in which case 
the person or persons, so arrested, for safe keeping 
may be committed to the jail for that day, but shall 
be taken before the proper magistrate and proceeded 
against as soon as may be on a week day following 
the arrest. 

Section 2, Said game protectors shall have power, 
without warrant, to search and examine any boat, 
conveyance, vehicle, game-bag, game-coat, or other 
receptacle for game, when they have good cause to 
believe that any of the laws of this Commonwealth 
for the protection of game, of song or of insectivorous 
birds, have been violated ; and the said game protec- 
tors shall, at any and all times, have the right to 
seize and take possession of any and all birds or ani- 
mals which have been caught, taken or killed, at any 
time, in a manner or for a purpose, or had in posses- 
sion or under control, have been shipped or about to 
be shipped, contrary to any of the laws of this Com- 
monwealth . Any court having jurisdiction of the 
offense, upon receiving proof of the probable cause 
for believing in the concealment of any bird or animal 
caught, taken, killed, had in possession, under con- 
trol, shipped or about to be shipped, contrary to any 
laws of this Commonwealth, shall issue a search war- 
rant, and cause, a search to be made in any place; 
and to that end may, after demand and refusal, 
cause any building, enclosure or car to be entered, 
and any apartment, chest, locker, box, trunk, crate, 
basket, bag or package, to be broken open and the 
contents thereof to be examined by said protector. 
AH birds or animals classed as game, found therein 
in violation of law, 'shall be seized by the protector 
making the search, who shall, as soon as may be 
thereafter, forward said game to the nearest hospital, 
for the use of the sick or injured therein ; the bodies 
or parts of bodies of all song or insectivorous birds, 
so taken, shall, unless needed for evidence, be de- 
stroyed; all guns, gunning appliances, shooting ap- 
paratus, trap or gunning apparel, found in said re- 
ceptacle or receptacles, where the search warrant is 
issued against a non-resident, shall be seized by said 
2 



In case of 
arrest on 
Sunday. 



'Search and 
examination 
without 
warrant. 



Seizure of 
game. 



Search war- 
rant. 



Game seized 
to be for- 
warded to 
the nearest 
hospital. 



Guns and 
appliances. 



18 



GAME. FISH AND FORESTRY LAWS. 



Public 
auction. 



Securing of 
evidence. 



Game to be 
forwarded to 
hospital. 



Interference 
with game 
protectors. 



Aid in 
making 
arrests. 



Compensa- 
tion of game 
protectors. 



Expenses. 

All fines and 
penalties to 
be turned 
over to 
Game Com- 
mission. 

Proviso. 



Repeal. 



protector, and held, subject to the payment of the 
maximum penalty attached by law to the offense 
charged, and the costs of prosecution; said goods to 
be sold at public auction, after the lapse of twenty 
days from the date of seizure, and failure of the 
reputed owner to appear and defend himself against 
the charges preferred ; and such game protector or 
protectors shall not be liable for damages on account 
of any arrest, search, examination, seizure or sale, 
made in accordance with the provisions of this act. 

Section 3. Any of the game protectors of this State 
shall have the right, for the purpose of securing evi- 
dence wherewith to convict of violations of the game 
law, to purchase or sell game, the purchase or sale 
of which is otherwise forbidden, and shall not be 
liable to any of the fines or penalties imposed by law 
for the purchase or sale of game. AH game re- 
maining in the hands of a protector, after the pur- 
pose for which it was procured shall have been ac- 
complished, shall be forwarded to the nearest hos- 
pital for the use of the sick or injured therein. 

Section 4. Any person or persons interfering with 
any of the game protectors of this Commonwealth 
in the discharge of their duties, or resisting arrest^ 
shall be liable to a penalty of one hundred dollars, 
or be imprisoned in the county jail for a period of 
one day for each dollar of penalty imposed. Any game 
protector is hereby authorized to call to his aid any 
citizen or citizens of this Commonwealth, for assist- 
ance as needed in making an arrest. 

Section 5, That the game protectors, so appointed, 
shall receive salary or pay per day, as may be 
agreed upon by the Game Commission, with ex- 
penses not to exceed two dollars per day outside 
of traveling expenses ; said expense account to be 
itemized and presented under oath. All moneys com- 
ing to any game protector as hi^ part of any fine or 
penalty, under existing law, wherein he is the prose- 
cutor, shall belong to the Game Commission, and 
shall be surrendered by said protector to the secretary 
of thf> s"id commission for its use: Provided, That 
the combined expense account of the Game Com- 
mission shall not exceed the amount set apart by 
law to their use. 

Section 6. All acts or parts of acts inconsistent 
with this act are hereby repealed. 

Approved— The 21st day of May, A. D. 1901. 

WILLIAM A. STONE. 



GAME, FISH AND FORESTRY LAWS. 



19 



AN ACT 

To prohibit the capture or killing of beaver within 
the Commonwealth of Pennsylvania, and providing 
penalties for the violation of its provisions. 

Section 1. Be it enacted, &c.. That from and' 
after the passage of this act, it shall be unlawful 
to kill or capture, or to attempt to kill or capture, 
any beaver within this Commonwealth. 

Section 2. Any person violating any of the pro- 
visions of this act shall be liable to a penalty of 
one hundred dollars for each offense; or, in default 
of the payment thereof, with the costs of prosecution, 
to undergo an imprisonment, in the jail of the county 
where the offense is committed, of one day for each 
dollar of penalty imposed ; and the possession of any 
beaver, or of the fresh skin or any portion of the 
fresh skin or carcass of such animal, shall be prima 
facie evidence of a violation of this act by the person 
or persons in whose possession the same shall have 
been found. 

Section 3. For the purposes of this act, the beaver 
shall be classed as game in this Commonwealth ; and 
it is hereby made the duty of all officers of the State, 
entrusted with the protection of game, to see that the 
provisions of this act are enforced. All prosecutions 
for violation of the provisions of this act shall be 
brought, and the course of proceeding followed, as 
prescribed by section twelve of an act, entitled "An 
act to provide for the protection and preservation 
of game, game quadrupeds, game birds, et cetera," 
approved the fourth day of June, Anno Domini one 
thousand eight hundred and ninety-seven. 

Approved— The 17th day of March, A. D. 1903. 
SAML. W. PENNYPACKER. 



March 17, 
1903, P. L. 



Unlawful to 
kill or cap- 
ture beaver. 



Fine. 



Imprison- 
ment. 



Prima facie 
evidence. 



Beaver 
classed as 
"game." 

Duty of 
game war- 
dens, etc. 



Prosecu- 
tions. 



AN ACT 

To provide for the appointment of deputy game pro- 
tectors, for the Commonwealth of Pennsylvania, 
and defining their duties. 

Section 1. Be it enacted, &c.. That the Board of 
Game Commissioners shall have the power and au- 
thority to appoint one competent man in each and 



April 11, 
1903. P. L. 
163. 



Deputy 
game pro- 
tectors. 



20 



GAME, FISH AND FORESTRY LAWS, 



Compensa- 
tion. 



Bond. 



every county of the Commonwealth of Pennsylvania, 
to be called and designated as a deputy game pro- 
tector, who shall have the same power and perform 
the same duties as the present game protectors, au- 
thorized by law, now have and perform, and re- 
ceive the same compensation that constables now re- 
ceive for similar services; and shall, when appointed, 
give to the Board of Game Commissioners a bond 
in the sum of three hundred dollars, conditioned 
for the faithful discharge of his duties ; such bond 
to be approved by the said Commissioners. 
Approved— The 11th day of April, A. D. 1903. 

SAML. W. PENNYPACKER. 



April 14, 
1903, P. L. 
178. 



Non-resident 
hunters re- 
quired to 
take out 
license. 



Fee. 

Certificate. 



Not trans- 
ferable. 



Disposition 
of fee. 



AN ACT 

Requiring non-resident hunters to procure a license 
before hunting in this Commonwealth, and pro- 
viding penalties for violation of its provisions, and 
repealing an act approved the twenty-fourth day of 
April, one thousand nine hundred and one. 

Section 1, Be it enacted, &c.. That from and 
after the passage of this act, every non-resident of 
this Commonwealth shall be required to take out a 
license from the treasurer of the county in which he 
proposes to hunt, before beginning to hunt in any 
part of this Commonwealth. Each and every person 
not a resident of this Commonwealth shall pay a li- 
cense fee of ten dollars to the treasurer of the county 
in which he proposes to hunt, and the said treasurer 
shall thereupon issue to him a certificate, on forms 
supplied by the Board of Game Commissioners of this 
Commonwealth, bearing the name and place of resi- 
dence of the applicant, with his description as near 
as may be, which said certificate shall authorize the 
owner thereof to hunt and kill game in any part of 
this Commonwealth, during the period of that year 
when game may be legally killed, under the restric- 
tions and for the purposes allowed by law ; said cer- 
tificate shall not be transferable, and shall be ex- 
posed for examination, upon demand made by any 
game protector, constable, or game warden of the 
State. One-half of the license fee so received by any 
county treasurer shall be retained by him, for the 
use of the county wherein the same is paid, and the 



GAME, FISH AND FORESTRY LAWS. 



21 



remaining one-half of said fee shall be forwarded by 
him to the State Treasurer, in the same manner and 
for the same purpose as is now provided by law in 
the case of fines or penalties recovered for violation, 
of the provisions of any of the sections of an act, 
entitled "An act to provide for the protection and 
preservation of game, game quadrupeds and game 
birds, and song and insectivorous birds," approved 
the fourth day of June, Anno Domini one thousand 
eight hundred and ninety-seven. All fines and penal- 
ties recovered for violation of the provisions of this 
act shall be distributed as are fines and penalties col- 
lected for violation of the said act of June fourth, 
one thousand eight hundred and ninety-seven. 

Section 2. Possession of a gun, in the fields or in 
the forests or on the waters of this Commonwealth, 
by non-residents of this Commonwealth, without hav- 
ing first secured the license required by this act, shall 
be prima facie evidence of a violation of its pro- 
visions ; and any person so offending shall be liable 
to a penalty of twenty-five dollars for each offense, 
or in default of the payment thereof, with the cost 
of prosecution, to suffer an imprisonment in the 
county jail for a period of one day for each dollar of 
penalty imposed, unless he or they enter into good 
and sufiicient recognizance to pay said penalty and 
costs within a period of ten days from the date of 
conviction, or enter into recognizance to answer said 
complaint, on a charge of misdemeanor, before the 
court of quarter sessions of the peace of the county 
where said offense is charged to have been committed ; 
which court, on the conviction of the defendant or 
defendants, and failure to pay the penalty or penal- 
ties imposed, with the cost of prosecution, shall, com- 
mit the said defendant or defendants to the jaU of 
the county for a period of one day for each dollar 
of penalty imposed. 

Section .3. All officers of the Commonwealth whose 
duty it is to protect the game of the Commonwealth, 
shall have power to seize all guns and shooting para- 
phernalia, and game in possession or belonging to the 
suspected parties, within the Commonwealth. The 
game, upon the conviction of the parties so arrested, 
shall be forfeited to the State, and forwarded by 
said officer to the most convenient public hospital, 
for the use of the sick or injured therein ; and the 
guns and shooting paraphernalia held, subject to the 



Distribution 
of fines. 



Prima facie 
evidence. 



Fine and 
penalty. 



Bail. 



Commit- 
ment. 



Power of 
officers. 



Disposition 
of game 
seized. 



Guns, etc. 



22 



GAME, FISH AND FORESTRY LAWS. 



AUvcriise- 
mont. 



Sale. 



Disposition 
of funds. 



Proviso. 



K-'pial. 



pnymeut of the penalty or penalties imposed, with 
the costs of prosecution ; and in the case of default 
of the payment thereof for a period of five days from 
the date of conviction, unless appeal be taken, to ad- 
vertise the same by public handbill, not less than five 
in number, conspicuously displayed in the borough or 
township where the conviction was secured, and after 
the l;ipse of ten days from the date of advertisement, 
to sell said guns and paraphernalia at public auc- 
tion. The fund thus realized shall be applied first, 
to the payment of the costs incurred, then to the 
payment of the penalty imposed, and the remainder, 
if any, shall be returned to the owner or owners of 
the property so seized and sold: Provided, That the 
fact that imprisonment is suffered by any person con- 
victed of violating the provisions of this act, shall not 
prevent the sale of all guns and hunting and para- 
phernalia so seized, and the application of the fund 
thus realized to the purposes before mentioned. 

Section 4. "An act requiring non-resident gunners 
to secure a license before hunting in the Common- 
wealth of Pennsylvania, and providing penalties for 
violations of its provisions," approved the twenty- 
fourth day of April, Anno Domini nineteen hundred 
and one, be and the same is hereby repealed. 

Approved— The 14th day of April, A. D. 1903. 

SAML. W. PENNYPACKER. 



AN ACT 

To prohibit the discharge of flobert rifles, air guns, 
spring guns, in cities and boroughs of this Com- 
monwealth. 

Flobert Section 1. Be it enacted, &.C., That six months 

emis'and'^ after the passage of this act it shall be unlawful 
Bprinp KiiuB. f*^"* ^^y person to discharge, on the streets or alleys 
Unlawful to of any city or borough in this Commonwealth, a 
discbarKi- iu flobert rifle, air gun, spring gun, or any implement 
which impels with force a metal pellet of any kind. 

Section 2. Any person violating this act shall be 
arrested and fined in the sum of five dollars before 
any committing magistrate; and for the second 
olTense, shall be fined in the sum of fifteen dollars 
and may undergo an imprisonment in the county 



April 15, 
1903. p. L. 
198. 



street.s or 
hUcjb. 



Fine. 



GAME, FISH AND FORESTRY LAWS, 



23 



jail for a period not less than ten days and not ex- 
ceeding thirty days, the person so offending to pay 
all costs of prosecution. 
Approved— The 15th day of April, A. D. 1903. 
SAML. W. PENNYPACKER. 



AN ACT 



Fixing the liability for record costs, in cases where April 16, 
officers, whose duty it is to enforce the game laws ^^^^' ^- ^• 
of this Commonwealth, fail, for any legal cause, 
to receive the same from the defendant. 

Section 1. Be it enacted, &c.. That from and after 
the passage of this act, whenever any officer of this 
Commonwealth, whose duty it is by the laws of this 
State to protect our game, our song or our insec- 
tivorous birds, shall in good faith, bring suit for vio- 
lation of any of the laws relative to these subjects, 
and for any legal cause shall fail to recover the costs 
of record, the same shall be a charge upon the proper 
county, and shall be audited and paid as are costs 
of like character in said county. 

Approved— The 16th day of April, A. D. 1903. 
SAML. W. PENNYPACKER. 



218. 



OfScers 
whose duty 
it is to en- 
force game 
laws. 

Record 
costs. 

The county's 

liability 

therefor. 



AN ACT 



Making it wilful trespass to hunt, trap and take juiy 9, 1901. 
game birds or game animals upon cultivated lands, P. l. 612. 
and providing for the punishment of such tres- 
pass. 

Section 1. Be it enacted, &c.. That on and after 
the passage of this act, any person or persons tres- 
passing on any cultivated lands in this Common- 
wealth, for the purpose of hunting and trapping and 
taking therefrom any game birds or game animals, 
after public notice by the owner, lessee or occupant 
thereof, such notice to be posted on, and adjacent 
to such cultivated lands, shall be guilty of wilful 
trespass, and in addition to the damages recoverable 
by law shall be liable to the owner, lessee, or occu- 



Hunting and 
trapping of 
game birds 
and animals 
on inclosed 
or ciTltivated 
lands. 



Trespass. 



24 



GAME, FISH AND FORESTRY LAWS. 



Hearing. 



Fine. 



Penalty. 



Appeal. 



Trial. 



pant in a penalty not exceeding five dollars for each 
and every such offense. 

Section 2. Any justice of the peace or alderman, 
upon information or complaint made before him, by 
affidavit, of the violation of the provisions of this 
act by any person or persons, is hereby authorized 
and directed to issue his warrant, under his hand 
and seal, directed to any constable or warden of the 
county, to cause such person or persons to be ar- 
rested and brought before said justice or alderman, 
who shall hear and determine the guilt or innocence 
of the person or persons so charged ; and if con- 
victed of such wilful trespass, shall be sentenced, 
by such justice or alderman to pay a penalty, not 
exceeding five dollars, together with costs, one-half of 
such penalty shall be paid to the owner, lessee or 
occupant of said land and the remaining half to the 
school district of the city, borough or township 
wherein such offense was committed ; and if the per- 
son or persons, so convicted and sentenced, shall 
neglect or refuse to pay such penalty and costs, or 
secure the payment thereof within ten days, he or 
they shall be committed to the common jail of the 
proper county for a period not exceeding _three 
months. 

Sectoin 3. If any person or persons, convicted and 
sentenced under the provisions of this act, shall feel 
aggrieved thereby, he or they may appeal to the court 
of quarter sessions of the peace for the county in 
which the offense was committed, by entering into 
recognizance, with sureties to be approved by the 
justice or alderman, to appear before said court; 
which court shall hear the evidence and determine 
the guilt or innocence of the person or persons so 
charged, and on conviction of the defendant or de- 
fendants charged and a failure to pay such penalty 
and costs imposed by the act, shall commit said de- 
fendant or defendants to the common jail of the 
county, for a period not exceeding three months. 

Approved— The 9th day of July, A. D. 1901. 

WILLIAM A. STONE. 



*This IS not a game law and is published in this pamphlet 
only as a matter of information to sportsmen. See trespass 
Act on page 25, 



GAME, FISH AND FORESTRY LAWS, 



25 



Upon posted 
land. 



AN ACT 

Making it unlawful to trespass upon land posted as ^P^ii 14. 

Private property, and providing the penalty thereof. Jg^^' ^- ^- 

^Section 1. Be it enacted, &c.. That from and 
after the passage of this act, it shall be unlawful Trespass, 
for any person wilfully to enter upon any land, 
within the limits of this Commonwealth, where the 
owner or owners of said land has caused to be promi- 
nently posted upon said land printed notices that the 
said land is private property, and warning all per- 
sons from trespassing thereon, under the penalty pro- 
vided in this act. 

Section 2. Every person violating the provisions of pine and 
this act shall be liable to a penalty of not exceeding penalty, 
ten dollars, together with the costs of prosecution, to 
be recovered before any magistrate or justice of the 
peace as fines and penalties are by law recoverable ; 
and, in default of payment of said fine and costs, the 
party convicted shall be committed to the county 
jail of the proper county, for one day for each dol- 
lar of fine imposed. 

Section 3. All penalties recovered under this act 
shall be paid to the school fund of the district in 
which the trespass was committed. 

Approved— The 14th day of AprU, A. D. 1905. 

SAML. W. PENNYPACKER. 



♦This is not a game or fish law and is printed in this 
pamphlet only as a matter of information to sportsmen. 



AN ACT 

To provide for the appointment of special deputy j^^j.^ ig^ 
game protectors, for the Commonwealth of Penn- 1905, P. 'l. 
sylvania, and defining their duties and powers. 201. 

Section 1. Be it enacted, &c.. That from and after special 
the passage of this act, the Board of Game Com- deputy game 
missioners of this Commonwealth shall be empowered protectors. 
to appoint, at their discretion, competent men 
throughout the Commonwealth, to be known as 
special deputy game protectors, who in all ways 
shall possess the rights and powers now given by 
law to game protectors, and be subject to all re- 



26 



GAME, FISO AND FORESTRY LAWS. 



Eights and 
powers. 



May 31, 1907 
P. L. 329. 



Automatic 
guns. 

Killing of 
game. 



Summary 
conviction. 



quirements and regulations, either of the law or of 
rules of the Board of Game Commissioners, con- 
trolling the action of such Game protectors in this 
Commonwealth: Provided, Such special deputy game 
protectors shall in no way be entitled to recompense 
from either the county or Commonwealth for ser- 
vices rendered or expenses incurred in the perform- 
ance of their duties. 
Approved— The 18th day of April, A. D. 1905. 

SAML. W. PENNYPACKER. 



AN ACT 
Prohibiting the use of automatic guns, for the kill- 
ing of game or wild birds within this Common- 
wealth, and prescribing a penalty for violation of 
its provisions. 

Section 1. Be it enacted, &:c., That from and 
after the passage of this act, it shall be unlawful for 
any person to use what is commonly known as an 
automatic gun for the killing of game in this Com- 
monvv^ealth. Each and every person violating any 
provision of this section shall be liable to a penalty 
of fifty dollars for each offense, or shall suffer an 
imprisonment in the common jail of the county for 
a period of one day for each dollar of penalty im- 
posed . 

Section 2. Each and every magistrate, alderman, 
and justice of the peace, within this Commonwealth, 
shall have the right of summary conviction in all 
matters pertaining to violation of the provisions of 
this act, and all prosecutions for violation of any 
of its provisions shall be conducted, and the penalties 
disposed of, in manner and form as is now pre- 
scribed by law for violation of the game laws of 
this Commonwealth. 

Approved— The 31st day of May, A. D. 1907. 

EDWIN S. STUART. 

This act is constitutional and is the law. See 
opinion Superior Court case of Commonwealth vs. 
Thos. W. McComb, No. 148 October term 1908. 
Superior Court of Pennsylvania. Appealed from 
Delaware county. 

39, Pa. Superior Court 411; 227 Pa. Supreme 
Court 377 ; citation pages 242 and 243 of this pamphlet . 



GAME, FISH AND FOUESTRY LAWS. 



27 



AN ACT 

To provide for the protection and preservation of Act of Ma^ 

game, game-quadrupeds and game-birds, and song i. 1909, p. 

and insectivorous and other wild birds, and prescrib- ^- ^-°- 
ing penalties for violation of its several provisions. 

Section 1. Repealed by section 2, of the Act of 
April 21st, 1915, page 92. 

Section 2. That the time during which game of 
this Commonwealth may be legally taken, killed, 
caught, or trapped shall be kno-wn as the open season, 
and the time during which game may not be legally 
taken, killed, caught, or trapped shall be known 
as the close season, for game in this Commonwealth; 
and in the designation of seasons and other periods 
under this act, and under all other laws of this State 
for the protection of game, such open season or period 
shall include the first day of date mentioned in the 
designation, but shall not include the last date oien- 
tioned . 

Section 3. Whenever in this act the word per- 
son is used, such word shall be taken to include 
every person, firm, partnership, institution, asso- 
ciation, or corporation, or the agent or agents thereof. 
All words or terms in this act which refer to persons 
or individuals, and which are in the singular number, 
shall be taken to include the plural number, and the 
words of the plural number shall include the singular 
number. All words of a masculine gender shall be 
taken to include the feminine gender. 

Section 4. Whenever, because of a violation of 
any provisions of this act, a person shall be con- 
victed for a first offense and a penalty be imposed 
and the defendant shall neglect or refuse to im- 
mediately pay said amount together with the costs 
of prosecution, in lawful money of the United States, 
he shall be at once committed to the common jail 
of the county for a period of one day for each dollar 
of penalty imposed, unless he shall enter into good 
and sufficient recognizance to pay said penalty and 
costs within a period of ten days after the date of his 
said conviction, or shall certiorari the proceedings, 
or shall carry the case to a higher court on appeal, 
as provided for in this act. For the second or any 



Open season. 



Close season. 



"Person' 
defined. 



Singular 
and plural. 



Gender. 



First offense 
and refusal 
to pay. 



Penalty. 



Bail. 



Appeal, 



28 



GAME, FISH AND FORESTRY LAWS, 



Subsequent 
offense. 



Forfeiture. 



Where pro- 
visions of 
act shall 
not apply. 



other offense, the defendant shall, in addition to the 
penalty prescribed for the first offense, suffer an im- 
prisonment of one day in jail for each dollar of penalty 
imposed: Provided, That in every case of a con- 
viction for violation of any provision of this act, 
wherein a defendant suffers imprisonment in lieu of 
a cash payment of the penalty imposed, all traps, 
guns, shooting paraphernalia, boats, decoys, and 
other appliances used in violation of the law, and 
found or proven to have been either in possession 
or under control of the defendant at the time of such 
violation, shall be, and they are hereby, declared 
forfeited to the Commonwealth of Pennsylvania, and 
shall be sold under the direction of the Board of 
Game Commissioners ; and the money thus secured be 
applied by them, first, to the payment of the costs 
incurred, and the balance be deposited with the 
State Treasurer, for the use of the Commonwealth. 
The defendant being entitled to a credit of one day 
off his imprisonment for each dollar so deposited for 
the first offense only. 

Section 5. The following shall be considered game- 
birds in this Commonwealth: The Anatidae, com- 
monly known, as swan, geese, brant, and river and 
sea-ducks, and the Pygopodes, known as loons and 
grebes, — the members of these two orders being com- 
monly known as wild water fowl, — the Rallidae, com- 
monly known as rails, coots, mud-hens and gallinules ; 
the Limicolae, commonly known as shore-birds, 
plovers, surf-birds, snipe, woodcocks, sand-pipers, 
tattlers , and curlews ; the Gallinae commonly known 
as wild-turkeys, grouse, pheasants, partridges and 
quail; and the birds known as reed birds. 

Section 6, The game laws of this Commonwealth 
shall not be construed to apply to any public zoo- 
logical garden of the State, or to any public insti- 
tution of the State, wherein animals or birds may 
be maintained alive for educational purposes, or 
for the purpose of scientific study or experiment; or 
to the Board of Game Commissioners of this State, or 
to its duly authorized agent or agents, acting for 
the State ; and no laws of this State shall be held 
to prevent the Board of Game Commissioners, through 
its duly authorized agent, from destroying birds or 
animals destructive of game, in such manner as 



GAME, FISH AND FORESTRY LAWS. 



29 



they may direct. Nor shall the penalties as at- 
tached to any game law of this Commonwealth be 
construed to apply to the agent of any public school 
or museum, legally acting under the provisions of a 
certificate issued by the Board of Game Commis- 
sioners, authorizing the holder thereof to take birds, 
their nests and eggs, for strictly scientific study, as 
provided for in this act, in which case the holders 
of such certificates shall be limited to the rights 
and privileges therein named. The said Board of 
Game Commissioners shall be empowered to grant 
certificates, at their discretion, to the agent of any 
public museum in this Commonwealth, or to a 
teacher of ornithology in any school within this Com- 
monwealth, authorizing the holder thereof to take 
birds, their nests and eggs, for strictly scientific study 
or for mounting, or to any other person, or for 
propagation purposes, within the State, in accord- 
ance with the following provisions: A certificate to be 
known as an ordinary certificate, may be granted by 
the Board of Game Commissioners to any properly ac- 
credited person and legally authorized to act as 
the agent of any public museum, or to the teacher 
of ornithology in any school, within the Common- 
wealth, residing in this Commonwealth, permitting 
the holder thereof to collect wild birds other than 
game birds, their nests and eggs, within this Com- 
monwealth, for strictly scientific study and mounting, 
but not for sale or exchange, or shipment from or 
removal out of this Commonwealth, without the 
written consent of the President of the Board of 
Game Commissioners. The number of birds that 
may be taken under, a certificate of this character 
shall be limited to eight of each species, with nests 
to the number of two, and the eggs found therein. 
In order to secure this certificate, the party desiring 
the same shall file with the secretary of the Board of 
Game Commissioners, at Harjisburg, a petition asking 
that such privileges be granted him. Each and every 
person so desiring to practice taxidermy for profit, 
within this Commonwealth, shall, before beginning 
such practice, secure from the secretary of the Board 
of Game Commissioners of this State a certificate au- 
thorizing him to act thus ; and the possession of such 
certificate shall authorize such person to receive from 
persons who have legally taken the same, within the 



When pen- 
alties shall 
not attach. 



Granting of 
certificates. 



Ordinary 
certificates. 



Limitations. 



Petition. 



Taxidermy 
for profit. 



Certificates. 



30 



GAME, FISH AND FORESTRY LAWS, 



Pi-oviso. 



Report. 



Pee. 



Special cer- 
tificate. 



Condition of 
issue. 



Commonwealth, the skin, or any part thereof, of any 
birds or animal found within the Commonwealth, and 
to tan or cure or mount the same, either himself or 
through any legitimate employe ; and to tan or cure or 
mount the skin, or any part thereof, of any game-bird 
or game-animal, legally killed by himself or given 
to him by anyone who has legally killed the same ; 
and to sell such mounted specimen, only after written 
permission to so do has been procured from the Presi- 
dent of the Board of Game Commissioners of this 
Commonwealth: Provided, The holder of a certi- 
ficate authorizing the practice of taxidermy shall be 
required, before a second or any other certificate shall 
be issued to him, to file with the secretary of the 
Board of Game Commissioners at Harrisburg, an 
itemized statement in writing, under oath, of all 
skins or parts thereof, either of game-birds or game- 
animals, killed by himself or presented to him, 
and sold by him under the provisions of his certi- 
ficate, with the name and place of residence of the 
person from whom the same were received ; and shall 
also answer truthfully and without evasion any ques- 
tion relative to violations of the game-laws of the 
State, by any person other than himself, that may be 
asked him by an officer of the said Board of Game 
Commissioners of this Commonwealth. A failure to so 
report or to answer the questions asked under the 
provisions of this section, shall be considered a just 
cause for refusal, upon the part of the Board of 
Game Commissioners, to renew the certificate of any 
taxidermist in this Commonwealth. The before-men- 
tioned petition shall be accompanied by the written 
statement of at least two well known citizens of the 
community in which said applicant may reside, certi- 
fying to the good character and fitness of said appli- 
cant to be entrusted with said authority. Said appli- 
cant shall pay to the secretary of said board the 
sum of one dollar for such certificate. 

A certificate, to be known as a special certificate, 
to take birds for strictly scientific study, may be 
issued by the Board of Game Commissioners, and 
shall be controlled by the same conditions and re- 
quirements as the ordinary certificate, excepting that 
such certificate may be issued only to a person of 
known scientific attainment in ornithology; in which 
case the holder thereof shall be authorized to take the 



GAME, FISH AND FORESTRY LAWS. 



31 



wild birds and animals of this State, without limi- 
tation, for strictly scientific study or experiment, but 
not for sale or exchange, or shipment from or removal 
out of the State, without the written permission of 
the President of the Board of Game Commissioners. 
Persons having a certificate, and taking a greater 
number of birds, nests or eggs than is permitted by 
this act, or the shipping of the same out of the State, 
or the sale of skins or parts thereof, either mounted 
or otherwise, excepting as herein provided, or in any 
manner violating any provision of this act, shall be 
subject to the penalties prescribed by existing law, 
in the same manner and to the same extent as though 
no certificate had been issued. Upon the conviction 
of the principal, therein named, of having violated 
any of the provisions of this section relative to either 
of these certificates, the certificate becomes void. 
Such certificate shall be in force for a period of one 
year from the date thereof, and shall not be trans- 
ferable. 

Section 7. A certificate, to be known as a propagat- 
ing certificate, may be issued by the Board of Game 
Commissioners to any accredited person of this Com- 
monwealth, of the age of twenty-one years or up- 
wards, permitting the holder thereof and his assist- 
ants to breed or raise game-quadrupeds or j^ame-birds 
of any kind in this Commonwealth, both or either, 
and to sell the same alive for propagating purposes, or 
to sell the dead bodies of game-quadrupeds for profit, 
under the following restrictions and regulations: Any 
person or corporation or association desiring to operate 
a propagating plant for game, in this Commonwealth, 
shall file with the secretary of the Board of Game 
Commissioners, at Harrisburg, a petition asking for 
this privilege. In all cases where the premises in- 
tended to be used for this purpose are under the con- 
trol of a company or association, the petition shall 
bear the name of the president of such body, and the 
certificate shaU be issued in his name. This petition 
shall be accompanied by a written description of the 
premises to be used for such purpose, with its loca- 
tion.^ Which said premises, for the purpose of this 
act, in the matter of the raising of small game, may 
be in such form as to the operator thereof seems best 
suited to his purposes. But in the matter of the 
raising of deer or other large game, the preserve 



Violations. 



Penalty. 



Forfeit. 



Term of 
certificate. 



Propagating, 
certificate. 



Petition. 



32 



GAME, FISH AND FORESTRY LAWS. 



Term of 
certificate. 



Forfeiture. 



Bond, 



Record shall 
be kept. 



Annual 
statement. 



shall in all cases be surrounded by a wire fence, of 
approved pattern for game preserves, with a height 
of not less than eight feet, so constructed and main- 
tained as to absolutely prevent wild deer from jump- 
ing into said preserve or in any manner passing into 
said preserve from the outside. It being also dis- 
tinctly understood, that before the fence surrounding 
any preserve of this character shall be completed or 
closed, all wild deer that may be found upon said 
territory be, as far as possible, driven therefrom by 
the owner of such lands, under the direction and 
supervision of an officer of the Game Commission. 

The certificate herein provided for shall be good 
for one year from the date thereof, and shall be 
transferrable only at the discretion and under con- 
ditions that may be prescribed by the Board of Game 
Commissioners. The bond hereinafter provided for 
shall be forfeited to the Commonwealth, and the cer- 
tificate to become void, upon the conviction of the 
principal, therein named, of having violated any of 
the provisions of this section, or having knowingly 
or negligently permitted any one to violate any of 
the game laws of this Commonwealth, on said prem- 
ises. 

Upon notification of the favorable consideration of 
this petition, by the Board of Game Commissioners, 
the applicant shall pay to said secreatry, for the 
use of the Commonwealth, the sum of one dollar, and 
file a duly executed bond, properly secured, in the 
sum of five hundred dollars, conditioned for the faith- 
ful keeping, upon the part of the principal therein 
named and his employes upon said premises, of all 
the provisions of this section and all other game-laws 
of this State. He shall keep, as nearly as possible, 
a just and true account, in a book to be kept for that 
purpose only, of all game raised on said premises; 
a just and true account of all game brought to said 
premises from outside of the preserve, the number of 
birds or animals with the time they were received, 
the place from whence they were shipped, and the 
name of the shipper. He shall keep a strict account 
of all game sold, its character, the number of birds 
or quadrupeds, the time and manner of shipment, 
with the name and address of the purchaser : and 
shall file with the secretary of the Board of Game 
Commissioners, at Harrisburg, an itemized state- 
ment from the before-named book account, at the close 



GAME, FISH AND FORESTRY LAWS. 



33 



of every twelve months, beginning with the date of 
the certificate. Data thus collected by the Board of 
Game Commissioners shall be held strictly confidential, 
and shall be used by said board only for the purpose 
of satisfying themselves that the law relative to this 
subject is being obeyed within said preserve, or as 
evidence in cases where they are satisfied the law is 
not being obeyed. This book, together with the 
premises described and all game thereon, shall be open 
to inspection upon demand of any member of the 
Board of Game Commissioners of this State, or of 
its secretary, or to any game protector, upon the 
presentation by such game protector of written in- 
structions from the secretary of the Board of Game 
Commissioners, directing him to thus inspect such 
plant ; and the refusal of any person holding a propa- 
gating certificate to permit such inspection by any of 
the ofiicers above named, or the neglect or refusal 
upon the part of said holder of such certificate to 
comply with the reasonable request of the secretary 
of the Board of Game Commissioners, in any matter 
pertaining to said plant in which the said board 
has a legal right to be heard, shall be sufficient cause 
for refusal upon the part of said board to renew any 
propagation certificate in this Commonwealth. All 
boxes or crates, or packages of any description, in 
which small game may be shipped or removed from 
said premises, shall, before removal therefrom, have 
attached therto a card, to be supplied by the Board 
of Game Commissioners, upon which shall be plainly 
written, in the blank spaces left for that purpose, the 
name and address of the purchaser, with the contents 
of the box, crate or package: Provided, That where 
deer, or any animal classed as large game in this 
Commonwealth, shall be raised in a preserve under 
the provisions of this section, they may be sold or 
given away, and shipped alive from said enclosure 
for propagating purposes, at any time of the year, 
of either sex, and in any number, when properly 
marked ; and may be killed within said enclosure, for 
sale or gift without regard to sex or numbers, * * * 
(See Sec. 4, Act April 21, 1915, page 92, relative to 
deer raised in captivity) * * *, under the following re- 
strictions: Before any deer, or large animal classed as 
large game in this Commonwealth, shall be removed 
or shipped from any propagating plant within this 



Boxes, 
crates, etc. 
shall be 
tagged. 



Deer and 
large game. 



Killing and 
shipment. 



Restrictions. 



3 



34 



GAME, FISH AND FORESTRY LAWS, 



Tag or 
marker. 



Attachment 
of tag. 



^ Forwarding 
of duplicate. 



Forwarding 
of tag. 



Failure to 
comply. 



Penalty. 



Unlawful 
removal o 
mutilation 
of tag. 



Commonwealth, there shall first be attached to either 
the crate or box in which the animal is shipped or 
to the animal itself, a tag or marker, in such form 
as may be decided upon by the Board of Game Com- 
missioners of this Commonwealth, which said tag 
or marker shall be supplied by said Board at cost, 
upon demand made by any person legally operating 
a propagating plant within this Commonwealth. These 
tags or markers shall be issued in duplicate, and it 
shall be the duty of any person raising and selling, 
or shipping, such deer or large game animal, to 
attach to either the crate or box in which a live animal 
is shipped, or to the body of a dead animal raised in 
such preserve, one of these tags or markers, and to 
forward the duplicate thereof at once to the Board 
of Game Commissioners, at Harrisburg. The tag 
or marker so attached to either crate or box or ani- 
mal, shall remain thus attached until the living animal 
is released from the crate or box, or the dead body 
of the animal is cut up for retail purposes or final 
consumption ; after which the tag or marker shall 
be removed from the crate or box, or remainder of 
the carcass, by the person finally disposing of the 
animal, and shall be at once forwarded to the Board 
of Game Commissioners, at Harrisburg. Each and 
every person failing to comply with the requirements 
of this section, in the matter of attaching tags or 
markers before shipment of animals, shall, upon 
conviction, be sentenced to pay a penalty of one 
hundred dollars for each offense. And each and 
every person failing to comply with the requirements 
of this section, in the matter of returning to the 
Board of Game Commissioners the tags so affixed, 
shall, upon conviction, be sentenced to pay a penalty 
of ten dollars for each offense. 

Section 8. It shall be unlawful for any person 
within this Commonwealth to wilfully or wantonly 
remove or mutilate or destroy any tags or marker 
so affixed to any crate or box or animal in compli- 
ance with the requirements of this act, at any time 
or at any place, within the Commonwealth, except as 
designated by this act, or by authority of the con- 
signor or consignee of such game, or of some officer 
of some court of this Commonwealth, or of some game 
protector of the Commonwealth. Each and every 



GAME, FISH AND FORESTRY LAWS. 



35 



person violating any provision of this section shall, 
upon conviction thereof, be sentenced to pay a penalty 
of fifty dollars for each tag or marker wantonly re- 
moved, mutilated or destroyed. 

Section 9. It shall be unlawful for any person 
within this Commonwealth to wilfully use any such 
tag or marker, prescribed by this act, for the pur- 
pose of protecting or carrying game of any kind 
killed outside of licensed preserves v/ithin this Com- 
monwealth, or for the purpose of protecting or carry- 
ing a second shipment of game from any such li- 
censed preserves within this Commonwealth. Each 
and every person convicted of such offense shall be 
sentenced to pay a penalty of one hundred dollars 
for each tag used in violation of the provisions of 
this section. 

Section 10. As amended by the act of April 22nd, 
1913, P. L. 108. 

Section 10. It shall be unlawful for any person 
within this Commonw^ealth, except as provided for 
in this act, to at any time shoot at, or wound, or 
take, or kill any wild bird other than a game-bird, 
or to have such bird or part thereof in possession, 
or to have any part of the plumage or skin thereof 
in possession or under control, for purposes of sale, 
or to offer or expose the same for sale, within this 
Commonwealth ; or to transport or ship or remove, 
or attempt to transport or ship or remove, from this 
Commonwealth, for any purpose, such hird or any 
part of the plumage or skin thereof; or to have such 
bird in possession or under control, for sale; or to 
sell, or to offer to sell, within this Commonwealth, 
either living or dead, any wild bird other than a 
game bird, or any part of the plumage or skin there- 
of, of a kind found either in a wild state in. this 
Gommomcealth or that may have been brought into 
this Commonwealth from another State or country, 
and which belong to the same family as those found 
in a wild state in this Commonwealth. 

Whoever shall violate any provision of this section 
shall be liable to a penalty of ten dollars for each 
wild 'bird shot at, wounded, or killed, or taken, or 
had in possession, transported, shipped or removed, 
or attempted to be transported, shipped or removed, 
out of this Commonwealth, or for any part thereof. 



Penalty, 



Unlawful 
use of tag. 



Wild birds 
other than 
game-birds. 



Plumage or 
skins. 



Wounding, 

killing, 

shipment, 
sale, etc. 



Penalty. 



36 



GAME. FISH AND FORESTRY LAWS. 



Sale or bar- 
ter. 



Possession 
for sale. 



Shipment 
for sale. 



Penalty. 



Unprotected 
birds. 



Imported 
game. 



Legal pos- 
session. 



in any manner taken or held, for a purpose con- 
trary to any of the provisions of this act, such Mrd 
heing of a kind found in a wild state in this Com- 
monwealth; and any person acting either for him- 
self or as the agent or representative of another ^ who 
shall sell or harter,, or who shall attempt to sell or 
barter, or who shall have in possession for sale or 
barter^ within this Commonwealth; or who shall 
ship or remove, or cause to be shipped or removed, 
out of this Commonwealth, for sale or barter, a wild 
bird, either living or dead, or the skin or the plumage, 
or any part of such bird, or skin, or plumage, of 
a kind belonging to the same family as those birds 
found in a wild state in this Commonwealth; shall 
be liable to a penalty of twenty dollars for each bird, 
or bird skin, or bird plumage, or any part thereof, 
sold, offered for sale, had in possession for sale, or 
in any manner removed out of this Commonwealth 
for sale, contrary to the provisions of this section: 
Provided, however, That the blue jay, the English 
sparrow, the European starling, the kingfisher, the 
buzzard, sharp-shinned hawk. Coopers hawk, gos- 
hawk, duck hawk, pigeon hawk, the great-horned 
owl, the barred owl, and the crow, shall not be pro- 
tected by any law of this Commonwealth, and may be 
killed at any time: And provided further. That the 
owner or operator of a public or private plant, in 
which fish are artificially raised or retained, shall 
have the right to kill any great blue heron, night 
heron, or green heron, when such birds are caught in 
the act of destroying their fish; and that nothing in 
this act shall prevent the possession or sale alive, 
within this Commonwealth, of either game-birds or 
game-animals that have been imported for propagating 
purposes; * * * (See Sec. 4, Act April 21, 1915, page 
92, relative to game raised in captivity) * * * or to pre- 
vent the possession of the tanned skin, or any part 
thereof, of any wild animal legally taken in this Com- 
monwealth, or brought into this Commonwealth from 
any other State or country, from which the same was 
legally imported ; or the possession of any part of a 
wild bird legally taken in this Commonwealth, or cap- 
tured elsewhere and legally imported into tliis Com- 
momvealth from any other State or country, for pur- 
poses of study or exhibition, or for any other purpose; 
but not for sale. 



GAME, FISH AND FORESTRY LAWS 



37 



Section 11. It shall be unlawful for any person to 
bring, or in any maner to have transported, into 
this Commonwealth, from any other State or country, 
any living specimen, or any egg thereof, of the bird 
known as the European starling, or any other bird 
or any living animal the importation of which is 
prohibited by the National Secretary of Agriculture, 
under the provisions of what is known as the Lacey 
Bill, or of any other law of this Nation, or to release 
within this Commonwealth any fox, wild-cat, mink, or 
weasel, brought into this State from another State. 
Whoever shall violate any of the provisions of this 
section shall be sentenced to pay a penalty of fifty 
dollars for each bird or egg or animal so imported 
or brought into this State. 

Section 12. Excepting as provided in this act, no 
person within this Commonwealth shall take, or have 
in possession or under control, either the nest, or 
any egg found therein, of any wild bird, either game 
or otherwise protected by the laws of this Common- 
wealth, or shall wantonly interfere with or destroy 
any such nest or egg. Whoever shall offend against 
any of the provisions of this section shall be sen- 
tenced to pay a penalty of ten dollars for each nest 
of a wild bird, other than a game-bird, either inter- 
fered with or wantonly destroyed ; and shall be sen- 
tenced to pay a penalty of fifty dollars for each nest 
of a game-bird either wantonly interfered with or 
destroyed . 

Section 13. It shall be unlawful for any person 
in this Commonwealth, excepting as provided for in 
this act, to take or kill or wound, or have in poses- 
sion, either living or dead, any game-bird or game- 
animal, or any part of such bird or animal, protected 
by this act. 

The open season as originally fixed by this section, 
amended by section 3 of the act of April 21st, 1915, 
page 92. 

Section 14. The open season for upland or grass 
plover, within this Commonwealth, shall be from the 
fifteenth day of July to the first day of December of 
each year. The open season for rail coot, or mud- 
hen, reed-bird, sandpiper, tattler, curlew, or any 
other shore bird, shall be from the first day of Sep- 
tember to the first day of January next following. 
The open season for Wilson or jack snipe shall be 
from the first day of September to the first day of May 



Unlawful 
importation. 



Penalty. 



Nests 
eggs. 



Penalty. 



Open sea- 
son. 

Grass 

plover, rail 
coot, or 
mud-hen, 
reed-bird, 
sandpiper, 
curlew, etc. 



38 



GAME, FISH AND FORESTRY LAWS. 



Snipe. 



Wild water- 
fowl. 



Violations. 
Penalty. 



Niffht hunt- 



" Night" 
defined. 



Killing ex- 
cept with 



Traps, 
snares and 
other de- 
vices. 



Exceiptions. 



next following. The open season for all kinds of 
birds known as wild water-fowl shall be from the 
first day of September to the tenth day of April next 
following. During which time such wild water- 
fowl, of all descriptions, and other birds named in 
this section may be killed without limit. Whoever 
shall shoot at, take, kill, or wound any of the birds 
named in this section, during the close season for 
such birds, shall, upon conviction, be sentenced to 
pay a penalty of ten dollars for each bird thus shot 
at, taken, killed, or wounded, contrary to the pro- 
visions of this section. 

Section 15. As amended by the act of April 6th, 
1911, P. L. 49. 

Section 15. It shall be unlawful to shoot or in- 
jure, or to hunt for or to kill any of the game-birds 
protected bv this act, during the night time. And 
the word "night" shall be construed to mean, that 
time beginning one hour after sundown and extend- 
ing to one hour before the next sunrise following. 
Or to kill game of any kind within this Com- 
monwealth, excepting through or by the use of a 
!2fun such as usually raised at arm's length and fired 
from the shoulder. And no person, excepting as pro- 
vided for in this act, shall at any time set, lay, or 
prepare, or use, any trap, snare, net, bird-lime, 
swivel-gun, deer-lick, pitfall, turkey blind, turkey 
call or pen, or to make use of any artificial light, 
battery, or other deception or contrivance or device 
whatever, with intent to catch, take, injure, or kill 
any of the game-birds or game-animals in any of the 
sections of this act mentioned. Excepting that de- 
coys and blinds may be used in hunting wild water 
fowls ****** 

Whoever shall offend against any provision of this 
section shall be liable to a penalty of fifty dollars 
for each and every offense so committed. 

Note: See Sec. 2 of Act of June 15th, 1911, page 52, for 
bidding shooting at wild fowl before sunrise of any day. 

Note: A National law taking effect Oct. 1st, 1913, provides 
that no water fowl or other migratory bird shall be killed 
before sunrise or after sunset of any day. This National pro- 
vision controls in all cases where migratory birds are con- 
cerned. 

The open season for wild water fowl under the provisions 
of the National law is from October 1st to January 15th, both 
days inclusive, excepting on the waters of the Ohio river located 
in this State, where water fowl may be killed only during 
the months of November and December. 



GAME, FISH AND FORESTRY LAWS 



39 



Section 16. It shall be unlawful to hunt for or 
pursue, or to follow after, with intent to kill, any 
wild water-fowl protected by law, within this Com- 
monwealth, from or with, or through the use of, 
any craft propelled by any means other than oars, 
pole, or hand-paddle. Any person using a craft or 
boat for such purpose, other than one propelled by 
oars, pole or hand-paddle, or the captain or owner, 
or other person in charge, of such boat or craft, 
who shall allow or knowingly permit the same to 
be used contrary to the provisions of this section, 
while he is on board, shall be liable to the penalties 
herein imposed. Each and every person who shall 
violate any of the provisions of this section shall be 
sentenced to pay a penalty of fifty dollars per day, 
for each day on which any forbidden craft or boat 
may be used to hunt or pursue, or to follow after, 
with intent to kill, wild water-fowl; and ten dollars 
for each other contrivance or device set, placed, 
or carried contrary to the provisions of law. 

Section 17, regulating bag limit, changed by section 
5, Act AprH 21st, 1915, page 93. 

Section 18. As amended by the act of May 1st, 
1913, P. L. 137. 

Section IS. It shall be unlawful for any person to 
shoot at, or take or kill or wound, or attempt to take 
or kill or wound, any deer in this Commonwealth, 
except from ***** the open season for deer changed 
by section 3 of act of April 21st, 1915, page 92, * * * * 
or have a deer so killed or taken, or any part thereof, 
in possession, except during said open season and for 
thirty days thereafter: Provided, That the possession 
of the dead body of a deer, or any part thereof, shall, 
unless the head, bearing horns, be attached thereto, or 
unless said head bearing horns, shall be immediately 
produced upon demand made by an officer of the Com- 
monwealth whose duty it is to protect the game of 
the State, in all instances, be prima facie evidence 
of a violation of the provisions of this act, and shall 
render the person in whose possession or under whose 
control the same may be found, or may be proven 
to own the same, liable to a penalty of one hundred 
dollars for each offense. Each and every person 
violating any provisions of this section shall be sen- 
tenced to pay a penalty of one hundred dollars for 
each offense. 



Unlawful 
use of water 
craft. 



Penalty. 



Deer. 



Prima facie 

evidence. 



Penalty. 



40 



GAME, FISH AND FORESTRY LAWS, 



Deer in 
streams, 
ponds, etc. 



Dogs. 



Penalty. 



Buckshot. 

Guns. 

Violations. 
Penalty. 



Dogs run- 
ning deer. 



Killing of. 



Section 19. It shall be unlawful for any person, 
at any time, to shoot at, or to kill, wound, or cap- 
ture, any deer in the waters of any of the streams, 
ponds, or lakes within this Commonwealth; or for 
any person to make use of a dog in hunting deer 
within this Commonwealth ; and the fact that a do^ 
of any description shall be taken into the woods, or 
shall be had in possession or under control in the 
woods, or shall be cared for or harbored, or per- 
mitted to remain with any individual, or in the camp 
of any person or persons, who may go to hunt during 
the open season for deer in this State, shall render 
each person in whose care or under whose control 
the dog may be outside of the camp, and each person 
in said camp, liable to the full penalty prescribed 
by law for the unlawful taking or killing of deer 
within this Commonwealth, upon proof duly sworn 
to, that the dog so taken into the woods, or had in 
possession or under control, or harbored, cared for, 
or permitted to remain with any person or in the 
camp of any person or persons, did, within a radius 
of ten miles from said camp, or from the point where- 
in a dog may be taken by any individual, run after, 
pursue, or follow upon the track of any deer or fawn 
for a distance of one hundred yards. It shall be 
unlawful for any person to make use of what is 
known as buckshot in hunting deer within this 
Commonwealth; or to kill or wound, or attempt to 
kill or wound, any deer within this Commonwealth, 
by or with or through the use of a gun propelling 
or emitting more than one pellet, bullet, or ball, at 
such deer, through a single discharge. Any person 
violating any of the provisions of this section shall 
be subject to the penalties provided by this act for 
the unlawful taking or killing of deer during the 
closed season. 

Section 20. Any dog pursuing or following upon 
the track of a deer or fawn within this Common- 
wealth is hereby declared to be a public nuisance. 
Such dog may be killed by any person, when seen 
pursuing or following upon the track of a deer or 
fawn within this Commonwealth ; or by a game-pro- 
tector, deputy game-protector, game-warden, forestry- 
warden, or any other officer of the State, whose 
duty it is to protect any of the game of the State, 
upon affidavit being made by one or more persons 



GAME, FISH AND FORESTRY LAWS, 



41 



acquainted with the facts, before an oflBcer author- 
ized to administer oaths, that said dog is in the habit 
of, or has been seen or heard running upon the 
track of or pursuing any deer or fawn in this Com- 
monwealth, within a period of one year from the 
date of such affidavit. The owner of a dog thus 
killed in conformity v/ith the law, or proven to have 
pursued a deer for the distance of one hundred yards 
or more within this Commonwealth, shall be liable 
to a penalty of twenty-five dollars for each deer or 
fawn pursued, and fifty dollars for each deer or 
fawn killed or caused to be killed, by such dog run- 
ning at large, without aid or direction of its master. 
Where the owner of a dog shall neglect or refuse 
to take care of his dog, after notice in writing from 
an officer of the State, whose duty it is to protect 
the game of the State, to the effect that the dog in 
question is in the habit of pursuing deer, he shall 
be liable to double the amount, as fixed above, for 
the first offense, such penalty to be recovered as are 
other penalties imposed by this act. 

Section 21, as amended by the act of April 15th, 
1915, P. L. 

Section 21. Any dog pursuing or following upon 
the track of any game-quadruped, such as hare or 
rabbits, and known as small game, or following upon 
the track of any game-bird or other wild bird pro- 
tected by existing law, during what is known as the 
closed season for such animal or bird in this Common- 
wealth, is hereby declared to be a public nuisance; 
and may be killed by the owner or lessee of land 
whereon it is found, or by an employe of such owner 
or lessee, or by a game-protector, deputy game-pro- 
tector, game-warden, forestry-warden, or any other 
officer of the Commonwealth whose duty it is to 
protect the game or wild birds, unless such dog shall 
wear a collar having attached thereto a metallic tag 
or plate upon which shall be plainly inscribed, in 
Engish, the name and address of the owner of such 
dog ; and any dog thus wearing a collar, inscribed as 
before mentioned, pursuing small game, during what 
is known as the closed season for such game or wild 
birds, may be killed by the owner or lessee of any 
land upon which such dog may be found, or by any 
employe of either the owner or lessee, or by a game- 
protector, deputy game-protector, game-warden, for- 
estry-warden, or any officer of the State whose duty 



Owners' lia- 
bility. 



Notice to 
owner. 



Double pen- 
alty. 



Dogs pur- 
suing game. 



Public nui- 
sance. 

Killing of. 



Collar and 
name plate. 

Killing of 
dog. 



42 



GAME, FISH AND FORESTRY LAWS. 



Notice. 



Proviso. 

Training of 
dogs. 



Elk or deer. 



Ruflfed 
grouse, wild 
turkey, 
woodcock, 
quail. 



Wild duck 
and wild 
Koose, etc. 



Proviso. 



Violation. 



it is to protect the game of the State, when such dog 
is seen upon the track of such game, after notice in 
writing from that particular person, or from the 
Secretary of the Game Commission, has been given 
to the owner or reputed owner of such dog, to the 
effect that the dog in question is in the habit of 
destroying, or pursuing, or following upon the track 
of game or wild birds, contrary to the provisions of 
this section: Provided, That dogs, when accompanied 
by and under control of their masters, may be trained 
upon any of the living wild game or birds of this 
State, excepting elk and deer and fawn, from the 
first day of Septemier to the first day of March next 
following, so long as no injury is inflicted upon said 
animals or birds. 

*Section 22. As amended by the Act of May 9th, 
1913. P. L. 193. 
Section 22. No person shall at any time, within this 
Commonwealth, buy or sell or barter, or expose for 
sale or barter, or have in possession for sale or 
barter, any elk or any deer, or any part of either an 
elk or a deer, that has been killed, taken or captured 
in a wild state in this Commonwealth, and no person 
shall at any time within this Commonwealth, buy 
or sell or barter, or attempt to sell or barter, or 
have in possession for sale or barter, any ruffed 
grouse, commonly called pheasant, or any wild 
turkey, or any woodcock, or any quail, commonly 
called Virginia partridge, that shall have been killed 
or captured, either within or outside the boundaries 
of this Commonwealth ; and no person within this 
Commonwealth shall sell or barter, or offer to sell or 
barter, or have in possession for sale or barter, any 
wild duck or any wild goose, or any other bird of 
the kind commonly known as wild water- fowl, that 
shall have been killed, taken, .or captured in this 
Commonwealth, or that may have been brought into 
this Commonwealth for sale, between the first day of 
January and the first day of September of each 
year: Provided, That nothing in this section shall 
be construed to prevent the purchase or sale or in- 
troduction into this State, at any time, of either 
elk or deer or birds, alive, for propagating purposes. 
Each and every person who shall violate any of 
the provisions of this section relative to the pur- 

*Also see Sec. 4, Act April 21, 1915, page 91. relative to sale 
of game. 



GAME, FISH AND FORESTRY LAWS. 



43 



chase or sale or barter of elk or of deer shall be 
liable to a penalty of one hundred dollars for each 
offense . 

Each and every person who shall violate any provi- 
sion of this section relative to the purchase or sale 
or barter of ruft'ed grouse or of wild turkey, or of 
woodcock or of quail, shall be liable to a penalty of 
twenty-five dollars for each bird, or part thereof, in 
any way had in possession or handled contrary to 
the provisions of this section. 

Each and every person in s-.ny way violating the pro- 
visions of this section relating to the sale or barter 
of wild water-fowl, or the bringing of such wild 
water-fowl into this Commonwealth, shall be liable 
to a penalty of ten dollars for each bird in any way 
handled contrary to the provisions of this section. 

Section 23. No person shall have in his posses- 
sion, excepting during the open season therefor, and 
thirty days thereafter, any ruffed-grouse, commonly 
called pheasant, any English, Mongolian, or Chi- 
nese pheasants, any quail, commonly called Virginia 
partridge, any wUd-turkey, any woodcock, any Hun- 
garian quail, or any other game-bird, protected by this 
act, or any deer, or the dead body of any deer or 
hare or rabbit or squirrel, or parts thereof, which shall 
have been caught, killed, or taken within this Com- 
monwealth. Each and every person violating any 
provision of this section shall be liable to a penalty 
of fifty dollars for each deer, and twenty-five dollars 
for each bear, and ten dollars for each game-bird of 
any kind, protected by this act, and five dollars for 
each hare or rabbit, or gray or black or fox squirrel, 
or for any part thereof, which shall have been law- 
fully taken or killed within this Commonwealth, and 
unlawfuly held contrary to the provisions of this 
section: Provided, That the owner or owners of 
game preserves in this State shall have the right to 
keep living deer and fawn therein at all times, to 
kill the same subject to the laws of this State, and 
to sell or give away the same, under the provisions 
of this act ; and that all kinds of game killed in this 
Commonwealth, excepting deer, wild-turkey, ruffed- 
grouse, woodcock, quail, commonly called Virginia 
partridge, and Hungarian quail may be bought and 
sold within the Commonwealth during the open season 
for such game, and for thirty days thereafter.* 

♦See act of April 21, 1915. page 91, further prohibiting sale 
of game. 



Penalty. 
Violation. 

Penalty. 
Violation. 

Penalty. 

Unlawful 
possession 
of pheasant, 
quail, wild- 
turkey, 
woodcock, 
deer, bear, 
etc. 

Penalty. 



Game pre- 
serves. 

Game that 
may be 
bought and 
sold. 



44 



GAME, FISH AND FORESTRY LAWS. 



Killing bear 
out of 



Purchase, 
sale, etc., 
of dead 
game quad- 
rupeds or 
game-birds. 



Penalty. 



Hunting 
with. 



Possession 
or control of 
ferrets. 



Sections 24 and 25 amended by section 3 of the 
act of April 21st, 1915, relating to seasons, and sec- 
:ion 7 of same act, relating to killing game for wages or 
hire. Pages 92 and 95 of this pamphlet. 

Provided, That nothing in this act shall be con- 
strued to prevent any person from killing a bear, 
within this Commonwealth, when such animal is in- 
flicting or attempting to inflict injury to either the 
person or personal property of any individual within 
the Commonwealth ; or the killing of such bear in 
a pursuit commenced within forty-eight hours after 
the commission of such offense ; or at any time after 
the commission of such offense, upon the affidavit of 
one or more persons to the effect that they have rea- 
sonable cause to believe that the bear in question has 
committed such offense, or to prevent any person 
from killing a bear, at any time, when such animal 
is found upon his own property and within one mile 
of his place of residence. 

Section 26. Excepting as permitted by this act, no 
person shall purchase, sell, or expose for sale, or 
have in his possession for any purpose whatsoever, 
the dead body or any part thereof, of any game quad- 
ruped or game-bird of the kinds enumerated in any 
section of this act, if the same have been caught, 
killed, or taken within this Commonwealth, save only 
during the open season for such kinds of game in 
this State, and for thirty days thereafter. Each and 
every person who shall offend against any of the 
provisions of this section shall be liable to a penalty 
equal in amount to the penalty imposed by this act. 
for the killing of such animal or bird during the closed 
season . 

Section 27. No person within this Commonwealth 
shall hunt or catch or kill, or cause or permit the 
hunting of, hare or rabbits, with or through the 
use of a ferret, under the penalty of twenty-five dol- 
lars for each ferret so used, and ten dollars as fixed 
by Sec. 10 of the act of April 21st, 1915. Page 97. 
Fine for killing a rabbit in any way except with 
a gun. And the fact that any person shall place a 
ferret in any hole or opening in the ground outside 
of buildings, in which a rabbit might be found, or 
shall be caught in the act of using a ferret in the 
taking of hare or rabbits or shall have a ferret in 
possession or under control in either the fields or 
forests or in the highways of this Commonwealth, 



GAME, FISH AND FORESTRY LAWS, 



45 



or shall be proven to have used a ferret while hunting, 
or shall while going hunting or while returning from 
such a hunt have a ferret either in possession or 
under control, shall render such person liable to the 
penalty of twenty-five dollars for each ferret had in 
possession or under control at any time. Any fer- 
ret found in the possession or under the control of 
a person convicted of violating any provision of 
this section shall be forfeited to the Commonwealth, 
and shall be immediately killed by the officer into 
whose hands such animal may come. 

Section 28. No person, company, or corporation, 
or the agent or the employe thereof, shall, at any 
time, transport or ship or remove, or cause to be 
transported or shipped or removed, out of this State, 
any game-animal or game-bird or wild bird protected 
by this act; or shall catch, take, or kill, or have in 
his possession or under his control, any of the game- 
birds or game-mammals or wild birds of this State, 
the killing of which at any or all times is prohibited 
by the laws of this State, with intent to allow or 
aid in the shipment or removal thereof out of this 
State; and, excepting as provided for in this act, 
it shall be unlawful for any person, railroad com- 
pany, express company, stage driver, or any corpora- 
tion or person acting in the capacity of a common 
carrier their officers or employes, to knowingly re- 
ceive for transportation or transport, or remove, or 
aid or assist in removing, beyond the limits of the 
State, any of the wild birds or game-birds or game- 
mammals mentioned in this act. Whoever shall offend 
against any of the provisions of this section shall be 
liable to a penalty of one hundred dollars for each 
and every offense: Provided, That nothing contained 
in the laws of this Commonwealth shall be held to 
impose any penalty upon the transportation of game 
in unbroken packages, in transit through this State 
from another State, or to the shipment out of the 
State at any time, of game legally killed or taken 
in another State, whether the same be in original 
packages or otherwise; and no penalty shall attach, 
in any way, when game legally killed in this Com- 
monwealth is delivered, in good faith, to an express 
company or other common carrier for transportation 
from one point to another point in this State, and 
actually delivered at the point of destination within 



Fine. 



Forfeiture. 



Shipment or 
removal of 
game from 
the State. 



Common 
carriers. 



Penalty. 



Game in 
transit. 



46 



GAME, FISH AND FORESTRY LAWS. 



Proviso. 



Non-resi- 
dent, may- 
take one 
day's shoot, 
etc. 

Proviso. 



Possession 
of game 
during close 
season. 



Quail, trap- 
ping of. 



Removal of 
quail from 
one place to 
another 
place. 



Summary 
conviction. 



this State, if necessarily carried out of this State 
to reach its destination: And provided further. That 
any non-resident licensed hunter may take with him 
personally, when leaving the State, any of the game- 
mammals or game-birds that such licensee has law- 
fully taken or killed in this Commonwealth, not 
exceeding the number that any one person may law- 
fully take or kill in any one day: Provided, That no 
game shall be taken out of this State unless accom- 
panied by the owner thereof, and the game so shipped 
shall have attached thereto a tag showing the name 
and address of the owner and the number of his 
license. 

Section 29. The possession during the close season, 
by any person within this Commonwealth, of a living 
04' dead bird or animal of any kind protected by this 
act, or the possession of any part thereof, or of the 
egg or nest or any part thereof of any such bird, 
shall be prima facie evidence that the same was taken 
or held contrary to the provisions of law, and shall 
render each person, in whose possession or under 
whose control the same shall have been found, liable 
to the penalties imposed for violation of that provision 
of this act fixing a penalty for the killing of such bird 
or animal out of season, or of that provision fixing 
penalties for interfering with bird's nests, as the 
case may require. 

Section 30. It shall be lawful to trap quail, com- 
monly called Virginia partridge, or Hungarian quail, 
from the first day of January to the first day of 
April next following, for the purpose of keeping them 
alive during the winter, or for the purpose of separat- 
ing a covey to increase the chances of propagation, 
but for no other purpose whatever ; and quail thus 
taken shall not be transported from one locality to 
another locality in this State, excepting by written 
permission of the President of the Board of Game 
Commissioners. All birds thus taken should be lib- 
erated in the spring, as soon as the weather will 
permit. 

Section 31. Each and every magistrate, alder- 
man, and justice of the peace of this Commonwealth 
shall have the power of summary conviction in all 
matters pertaining to the enforcement of any of the 
provisions of this act ; and all actions for violation 
of any of said provisions, excepting where the de- 



GAME, FISH AND FORESTRY LAWS. 



47 



Warrant. 



Hearing. 



fendant is taken in the act or on pursuit immediately 
following said act, shall be commenced by affidavit, 
made within one year of the time of the commission 
of such offense. Each and every magistrate, alder- 
man, or justice of the peace, on complaint made before 
him, by the affidavit of any person, of a violation of 
any of the provisions of this act by any person, is 
hereby authorized and required to issue his warrant, 
under his hand and seal, directed to any constable, 
police ofneer, game-protector, deputy game-protector, 
or any other peace officer of the State whose duty it 
is to protect the game or wild birds of the State ; and 
to cause such persons to be brought before him, the 
said magistrate, alderman, or justice of the peace, 
who shall hear the evidence and determine the guUt 
or innocence of the person charged. If the accused 
be convicted of such offense, he shall be sentenced to 
pay the penalty prescribed by the section violated, 
together with the costs of suit. All penalties col- Penalties 
lected in cases where the prosecutor is a game-pro- 
tector shall be immediately surrendered by the court 
receiving the same to such prosecutor, who in turn^ 
shall, as soon as may be, either deliver or forward 
such amount to the Secretary of the Board of Game 
Commissioners, who shall deposit the same in the 
State Treasury, for the use of the Commonwealth. 
Where any other than a game-protector is the prose- 
cutor, one-half of any penalty thus collected shall 
belong to such prosecutor, and shall be paid to him 
by the court receiving the same ; and the remaining 
one-half of such penalty shall be forwarded, within 
ten days after said conviction, by such court to the 
Secretary of the Board of Game Commissioners, at 
Harrisburg, together with a statement of the cause 
for which said money was collected. It shall be the 
duty of said Secretary to keep a record of the cause 
for which said money was collected, and deposit the 
same, at least once a month, with the State Treas- 
urer, for the use of the Commonwealth. Any de- 
fendant, being dissatisfied with the finding of the 
alderman or justice of the peace, in a trial for any 
violation of the game laws of this Commonwealth, 
shall be entitled to an appeal. The case to be pro- 
ceeded with as are charges of misdemeanor regularly 
returned to the court of quarter sessions of the peace ; 
and it shall be the duty of the district attorney to 
submit a bUl of indictment, charging the offense re- 



DisposltlcB 
of penal- 
ties. 



Appeal. 



48 



GAME, FISH AND FORESTRY LAWS, 



Conviction. 



Failure to 
pay fine. 



Proviso. 

Acknovpl- 
edgment of 
offense. 



Receipt. 



Repeal. 



turned, to the grand jury at its next regular session. 
Which said court, on the conviction of the defendant 
of such offense and his failure to pay the penalty im- 
posed by this act, together with the costs of prosecu- 
tion, shall commit such defendant to the common jail 
of the county for the time as prescribed by section 
four of this act: Provided, That any person charged 
with a violation of any provision of this act, may, at 
his discretion, sign an acknowledgement of the offense 
committed, and pay to the duly authorized game-pro- 
tector or deputy game-protector the penalty in full, 
as fixed by the section violated, together with costs 
to that date ; and the printed receipt which he shall 
receive therefor, and which in all instances shall 
bear the imprint of the seal of the Board of Game 
Commissioners and the signature of its Secretary, 
shall be evidence of full satisfaction of the offense 
committed . 

Section 32. All acts or parts of acts inconsistent 
with the provisions of this act are hereby repealed. 

Approved— The first day of May, A. D. 1909. 

EDWIN S. STUART. 



Act 
1909, 



May S, 
P. L. 



Wild birds 
and animals 
and game. 

Unlawful 
for unnat- 
uralized for- 
eign-born 
residents to 
hunt. 

Or to own 
or possess 
sbotgun or 
rifle. 



AN ACT 
To give additional protection to wild birds and ani- 
mals and game within the Commonwealth of Penn- 
sylvania ; prohibiting the hunting for, or capture, 
or killing of, such wild birds or animals or game by 
unnaturalized foreign-born residents ; forbidding the 
ownership or possession of shotgun or rifle by any 
unnaturalized foreign-born resident, within the 
Commonwealth ; and prescribing penalties for vio- 
lation of its provisions. 

Section 1. Be it enacted, &c.. That from and after 
the passage of this act, it shall be unlawful for any 
unnaturalized foreign-born resident to hunt for or 
capture or kill, in this Commonwealth, any wild bird 
or animal, either game or otherwise, of any descrip- 
tion, excepting in defense of person or property; and 
to that end it shall be unlawful for any unnaturalized 
foreign-born resident, within this Commonwealth, to 
either own or be possessed of a shotgun or rifle .of 
any make. Each and every person violating any pro- 
vision of this section shall, upon conviction thereof, 
be sentenced to pay a penalty of twenty-five dollars 



GAME. FISH AND FORESTRY LAWS. 



49 



for each offense, or undergo imprisonment in the 
common jail of the county for the period of one day 
for each dollar of penalty imposed: Provided, That 
in addition to the before-named penalty, all guns of 
the before-mentioned kinds found in possession or 
under control of an unnaturalized foreign-born resi- 
dent shall, upon conviction of such person, or upon 
his signing a declaration of guilt as prescribed by 
this act, be declared forfeited to the Commonwealth 
of Pennsylvania, and shall be sold by the Board of 
Game Commissioners as hereinafter directed. 

Section 2. For the purposes of this act, any un- 
naturalized foreign-born* person who shall reside or 
live within the boundaries of the Commonwealth of 
Pennsylvania for ten consecutive days shall be con- 
sidered a resident, and shall be liable to the penalties 
imposed for violation of the provisions of this act. 

Section 3. That the possession of a shotgun or 
rifle at any place outside of buildings, within this 
Commonwealth, by an unnaturalized foreign-born resi- 
dent, shall be conclusive proof of a violation of the 
provisions of section one of this act, and shall render 
any person convicted thereof liable to the penalty as 
fixed by said section. 

Section 4. That the presence of a shotgun or rifle 
in a room, or house, or building, or tent, or camp, 
of any description, within this Commonwealth, oc- 
cupied or controlled by an unnaturalized foreign-born 
resident, shall be prima facie evidence that such 
gun is owned or controlled by the person occupying 
or controlling the property in which such gun is found, 
and shall render such person liable to the penalty 
imposed by section one of this act. 

Section 5. That notice of the seizure of all guns, 
made for violation of any provision of section one 
of this act shall be sent to the Board of Game Com- 
missioners, at Harrisburg, by the officer making such 
seizure, immediately after the final verdict in any 
prosecution brought for violation of said provisions, 
or upon the signing of the acknowledgement of guilt, 
as hereinafter provided ; and the gun so seized shall 
be sold, at the discretion of the Board of Game Com- 
missioners, who shall apply the money thus realized, 
first to the payment of costs arising from such prose- 
cution and seizure, and the remainder, if any, shall 
be paid to the State Treasurer for the use of the Com- 
monwealth. 



Violations. 

Penalty. 
Proviso. 



Forfeiture 
of guns. 

"Unnatural- 
ized for- 
eign-born 
resident" 
defined. 



Possession 
outside of 
building. 



Presence of 
guns in 
room, house, 
etc. 



Notice of all 
seizure. 



Sale. 



50 



GAME, FISH AND FORESTRY LAWS, 



Duty of 
ofllcers. 



Sunday 
arrests. 



CoDcealnient 
of gun. 



Search 
warrant. 



MagiBtrates, 
aldermen, 
and justices 
Summary 
conviction. 



Affidavit. 



Warrant. 



Section 6. That all duly appointed and sworn 
ofiBcers of the Board of Game Commissioners of this 
Commonwealth, and all con.stables, police oflBcers, 
members of the State constabulary, forestry-wnrdens, 
and all peace officers of the Commonwealth, shall have 
the right, and it is hereby made their duty, to ar- 
rest, without warrant, any person whom they have 
good reason to suspect as belonging to the class of un- 
naturalized foreign-born residents, when they find 
such person with guns of the before-mentioned kind 
in possession, within the Commonwealth of Penn- 
sylvania. Such arrests may also be made upon 
Sunday, in which case the tperson or persons so ar- 
rested, for safe-keeping may be committed to the jail 
or lock-up for that day ; but shall be taken before the 
proper magistrate and proceeded against on a week 
day following the arrest ; and any or either of such 
officers shall have the right and power, where they 
suspect the concealment by an unnaturalized foreign- 
born resident of guns of the before-mentioned kind, 
to apply to any court having jurisdiction of the of- 
fense, within the Commonwealth, who, upon receipt 
of proof made by affidavit of the probable cause for 
believing in such concealment, shall issue a search 
warrant and cause a search to be made in any place ; 
and to that end the said officer shall have power, 
after demand and refusal, to cause any building, 
room, inclosure, or car to be broken open and en- 
tered, and any closet, chest, locker, box, trunk, 
crate, basket, box, or package, or other receptacle, 
to be opened and contents examined by said officer. 

Section 7. Each and every magistrate, alderman, 
and justice of the peace of this Commonwealth shall 
have the power of summary conviction pertaining 
to the violation of any of the provisions of this act ; 
and all actions for violation of any of the provisions 
hereinbefore-mentioned, excepting where the defendant 
is taken in the act or in a pursuit immediately fol- 
lowing the act, shall be commenced by affidavit made 
within one year of the time of such violation. Each 
and every magistrate, alderman, and justice of the 
peace, on complaint made before him, on affidavit 
of any person, of a violation of the provisions of this 
act by any person, is herewith authorized and re- 
quired to issue his warrant, under his hand and 
official seal, directed to any constable, police officer, 
game-protector, or any other officer of the State 



GAME, FISH AND FORESTRY LAWS. 



51 



known as a police officer and authorized to serve 
warrants, and cause such person to be brought before 
such magistrate, alderman, or justice of the peace, 
who shall hear the evidence and determine the guilt 
or innocence of the party charged. If the accused 
be convicted of such offense, he shall be sentenced to 
pay the full penalty prescribed by the section vio- 
lated, and to pay all costs of prosecution. All 
penalties collected in cases where the prosecutor is a 
paid officer of the Board of Game Commissioners 
shall be immediately surrendered by the court re- 
ceiving the same to such prosecutor, who in turn 
shall, as soon as may be, forward or deliver such 
amount in full to the Secretary of the Board, who 
shall at once deposit the same to the use of the Com- 
monwealth. Where any other than a paid officer of 
the Board of Game Commissioners is the prosecutor, 
one-half of any penalty thus collected shall belong to 
said prosecutor, and be paid to him ; and the remain 
ing one-half shall be forthwith forwarded to the Sec- 
retary of the Game Commission, at Harrisburg, 
together with a statement of the cause for which said 
money shall have been collected. The cost of which 
statement is hereby fixed as fifty cents, and made a 
part of the costs of prosecution. It shall be the duty 
of the Board of Game Commissioners to keep a record 
of the cases for which said money was collected, 
and to deliver the fund thus arising, at least once 
a month, to the State Treasurer, for the use of the 
Commonwealth. Any defendant refusing to pay such 
penalty, with the costs of prosecution, shall be com- 
mitted to the common jail of the county, for a period 
of one day for each dollar of penalty imposed, unless 
he shall enter a good and sufficient recognizance, with 
one or more sureties, to pay such penalty within ten 
days, or to answer such complaint, upon the charge 
of misdemeanor, before the court of quarter sessions 
of the peace of the county in which the offense was 
committed ; which said court, upon the conviction 
of the defendant of such offense, and on his failure 
to pay the penalty imposed, together with the costs 
of prosecution, shall commit such defendant to the 
common jail of the county for a period of one day 
for each dollar of penalty imposed: Provided, That 
any person charged with violation of the provisions 
of this act may, at his discretion, sign an acknowl- 
edgment of the offense committed, and pay any 
duly sworn game-protector the penalty in full, as 



Hearing. 



Disposition 
of fipes. 



Duty of th 
Board. 



Refusal to 
pay penalty. 



Penalty. 



Commit- 
ment. 



Proviso. 



Acknowledg- 
ment of 
offense, and 
payment. 



52 



GAME, FISH AND FORESTRY LAWS. 



Receipt. 



Proviso. 



fixed by the section violated, with costs to that date 
and the printed receipt therefor, which shall in every 
instance bear the seal of the Board of Game Com- 
missioners and the signature of its Secretary, shall 
be evidence of full satisfaction for the offense com- 
mitted: Provided also. That all guns seized, in cases 
in which the before-mentioned receipt is given, shall 
be sold under the provisions of section five, and the 
moneys realized therefrom be applied as therein di- 
rected . 

Section 8. All acts or parts of acts inconsistent 
with the provisions of this act are hereby repealed. 

Approved— The 8th day of May, A. D. 1909. 

EDWIN S. STUART. 



Act of June 
15, 19U, P. 
L. 957. 



Game. 



Wild water- 
fowl. 

Limiting 
number of 
decoys. 



Shooting be- 
fore sunrise 
prohibited. 



Violations. 
Penalties. 



AN ACT 

Giving additional protection to wild waterfowl of 
all kinds in this Commonwealth limiting the number 
of decoys that may be used by any one person 
at one time, or by any number of persons acting to- 
gether ; forbidding the shooting of wild waterfowl 
before sunrise ; and imposing penalties for viola- 
tion of its provisions. 

Section 1, Be it enacted, &c.. That from and 
after the passage of this act, it shall be unlawful 
for any person, or for any number of persons acting 
together, to place in any of the waters of this Com- 
monwealth, for the purpose of attracting wild water- 
fowl of any description, more than twenty specimens 
of artificially prepared wooden ducks, or ducks of 
any character, commonly used as decoys, or to shoot 
over or attempt to control more than twenty such 
decoys, so placed as to cover not exceeding one- fourth 
of a mile, upon any stream or lake within this Com- 
monwealth. 

Section 2. That it shall be unlawful for any per- 
son, either using decoys or otherwise, to shoot at 
wild waterfowl of any kind before sunrise of any 
day, upon any of the waters located within this 
Commonwealth . 

Section 3. Each and every person violating any 
provision of this act shall be liable to a penalty 
of ten dollars for the first offense, or shall suffer 



GAME, FISH AND FORESTRY LAWS. 



53 



an imprisonment of one day for each dollar^ of pen- 
alty imposed. For the second or any additional of- 
fense after the frst offense each person violating 
any provision of this act shall be liable to a penalty 
of ten dollars and ten days in jail; and also shall 
be liable to have all decoys, boats, and guns, used 
in violation of law, confiscated to the use of the 
Commonwealth of Pennsylvania ; the same to be sold 
as confiscated property is sold under the provisions 
of an act, entitled "An act to provide for the pro- 
tection and preservation of game, etc.," approved 
the first day of May, Anno Domini one thousand 
nine hundred and nine. 

Section 4. Each and every magistrate, alderman, 
and justice of the peace of this Commonwealth 
shall have the power of summary conviction in all 
matters pertaining to the enforcement of any of 
the provisions of this act, and all actions for viola- 
tion of any of said provisions, excepting where the 
defendant is taken in the act, or in pursuit imme- 
diately following said act, shall be commenced by 
afiidavit, made within one year of the time of the 
commission of such offense. Each and every magis- 
trate, alderman, and justice of the peace, on com- 
plaint made before him, on affidavit of any person, 
of a violation of the provisions of this act by any 
person, is herewith authorized and required to issue 
his warrant, under his hand and official seal, di- 
rected to any constable, police officer, game pro- 
tector, or any officer of the State known as a police 
officer and authorized to serve warrants ; and cause 
such person to be brought before such magistrate, 
alderman, or justice of the peace, who shall hear 
the evidence and determine the guilt or innocence 
of the party charged. If the accused be convicted 
of such offense, he shall be sentenced to pay the 
full penalty prescribed by the section violated, and 
to pay all costs of prosecution . All penalties collected 
in case where the prosecutor is a paid officer of the 
Board of Game Commissioners shall be immediately 
surrendered by the court receiving the same to such 
prosecutor, who in turn shall, as soon as may be, 
forward or deliver such amount in full to the Secre- 



Confiscation 
of decoys, 
boats and 
ffuns. ■ 



Summary 
conviction. 



Actions. 
Procedure. 



Hearing. 



Penalties. 



Note: A National law taking effect Oct. 1st, 1913, provides 
that no wild water-fowl, or other migratory bird, may be 
legally killed before sunrise or after sunset of any day. This 
National provision controls in all cases where migratory birds 
are concerned. 



5i 



GAME, FISH AND FORESTRY LAWS. 



Dif^osi'tlon 
ol funds. 



Refusal to 
pay penalty. 



Bail. 



Commit- 
ment. 

Proviso. 



Plea of 
guilty 



Repeal. 



tary of the Board, who shall at once deposit the same 
to the use of the Commonwealth. Where any other 
than a paid officer of the Board of Game Commis- 
sioners is the prosecutor, one-half of any penalty 
thus collected shall belong to said prosecutor, and 
be paid to him ; and the remaining one-half shall 
be forthwith forwarded to the Secretary of the Game 
Commission at Harrisburg, together with a state- 
ment of the cause for which said money shall have 
been collected. The cost of which statement is hereby 
fixed at fifty cents, and made a part of the costs of 
prosecution. It shall be the duty of the Board of 
Game Commissioners to keep a record of the cases 
for which said money was collected, and to deliver 
the funds thus arising, at least once a month to 
the State Treasurer, for the use of the Common- 
wealth. Any defendant refusing to pay such penalty 
and the costs of prosecution shall be committed to 
the common jail of the county, for a period of one 
day for each dollar of penalty imposed, unless he 
shall enter a good and sufficient recognizance, with 
one or more sureties, to pay such penalty within ten 
days or to answer such complaint, upon the charge 
of misdemeanor, before the court of quarter sessions 
of the peace of the county in which the offense was 
committed ; which said court, upon the conviction of 
the defendant of such offense, and on his failure to 
pay the penalty imposed, together with the costs of 
prosecution, shall commit such defendant to the 
common jail of the county, for a period of one day 
for each dollar of penalty imposed: Provided, That 
when %ny person shall be charged with the violation 
of any of the provisions of this act, such person 
may appear before the court of quarter sessions, 
or a magistrate having jurisdiction, of the proper 
county, and there plead guilty to such charge; where- 
upon the said court shall impose the sentence first 
mentioned in section three, which, with the costs, 
shall be paid forthwith by such person. 

Section 5. All acts or parts of acts inconsistent 
with the provisions of this act are hereby repealed. 

Approved— The 15th day of June, A. D. 1911. 

JOHN K. TENER. 



GAME, FISH AND FORESTRY LAWS. 



55 



Title of Act as amended by Act of June 3rd, 1915. 

AN ACT 

Amending an act, entitled "An act, supplementary 
to 'An act for the taxation of dogs and the protec- 
tion of sheep,' approved the twenty-fifth day of May, 
Anno Domini one thousand eight hundred and 
ninety-three ; requiring all dogs to wear a collar to 
be provided by the owner, together with a tag to be 
attached thereto showing payment of tax, said tag 
to be provided by the county commissioners ; im- 
posing certain duties upon constables, tax collectors 
and county commissioners ; and providing for the 
killing of dogs whose owners fail to comply with 
this act and the act to which this is a supplement; 
and providing penalties for failure to comply with 
the provisions of this act," approved the fifteenth 
day of June, one thousand nine hundred eleven, as 
amended so that assessors of the several cities, 
wards, boroughs, townships, or other assessment 
districts of this Commonwealth, shall collect an 
annual license fee for said dogs at the time of the 
annual assessment and issue a receipt and a tag 
therefor ; providing for the publication of the as- 
sessor's list of licensed dogs ; requiring that all un- 
licensed dogs be killed, and fixing penalties for the 
violation of this act. 

Section 1 as amended by the act of May 20th, 
1913, P. L. 259. 

Section 1. Be it enacted, &c.. That hereafter all 
dogs * * * (See Sec. 3 as to age of taxable dogs) * * * 
shall be required to wear, at all times, a substantial 
collar, to which shall be attached the tag hereinafter 
mentioned ; said collar to be furnished by the owner 
of said dog or dogs, and said tag to be furnished by 
the county commissioners, and to be paid for by 
them out of the fund realized from the taxation of 
dogs. 

Sections 2, 3, 4, 5, 6 and 8 as amended by Act of 
June 3rd, 1915, P. L. 791. 

Section 2. The county commissioners of the several 
counties shall prepare and furnish, anuually, to the 
several assessors of the county metal tags, to be 
given by said assessors to the owners of dogs when 
said owners shall pay the license assessed upon said 



Act of May 
26th, 1893 as 
amended bv 
the Act of 
June 15, 
1911. as 
amended by 
the Act of 
June 3, 1915, 
P. L. 791. 



Age of tax- 
able dogs. 



Collar and 
tag. 



56 



GAME. FISH AND FORESTRY LAWS. 



Duty of 



Metal tags. 



Number of 
dogs to be 
ascertained. 

License 
fees. 



Attachment 
of tags. 



Duty of 



Publication 
of list of 
dogs, etc. 



dogs. It shall be the duty of the assessor, at the 
time payment is made by the owners of dogs, as here- 
in provided, to deliver to each of said owners, a li- 
cense receipt, — also a metal tag, bearing a serial 
number corresponding with the number on the receipt 
issued to said owner, as hereinbefore provided, — and 
said tag shall also have impressed thereon the cal- 
endar year for which such tag is issued ; said tag to 
be not less than one inch wide or less than one inch 
in length, and be equipped with a substantial metal 
fastening device, and the general shape of said tag 
shall be changed from year to year. If any such tag 
should be lost it shall be replaced without cost by the 
county commissioners, upon application to them by 
the person to whom the original license was issued, 
and upon production of the original receipt. 

Section 3. That the assessor be required at the 
time of assessing the property of every property holder 
of his district, as now required by law, to make 
diligent inquiry as to the number of dogs owned, har- 
bored, or kept by the person so assessed, that such 
person so assessed shall pay immediately to the asses- 
sor the license fee to be fixed by the county commis- 
sioners, borough or city oflScials ; said fee for each 
male dog or spayed female dog, shall not exceed two 
dollars, the fee for the female dog shall not exceed 
four dollars ; that the said sum shall be paid on all 
dogs over eight months of age ; that the assessor 
shall make a memorandum of any dog on any premises 
that are not claimed by the owner of said premises. 
At the time of payment of the dog license by the 
owner of such dog, the assessor shall give to said 
owner one of said tags prepared for the year for 
which said license is paid, which said tag shall there- 
upon be attached to the collar of the dog for which 
said license was paid by the owner of said dog. 

Section 4. It shall be the duty of the assessor to 
publish in one or more county papers of general circu- 
lation printed in the English language, and published 
in the county in which such assessor resides (expense 
to be met by the general dog fund), a list of the dogs 
so assessed, giving the name and address of the owner 
of each dog, together with the sex of each dog and the 
number on the tag therefor. If, upon publication of 
the assessor's report, any reputable citizen of such 
district shall furnish conclusive proof to the county 



GAME, FISH AND FORESTRY LAWS, 



57 



commissioners of one or more dogs in the community 
that were not reported as assessed, the county com- 
missioners shall be required to make an investigation 
of the accuracy of this assessor's work, and see that 
the penalty of the law is carried out for such failure, 
either of the assessor or owner, to make a true report. 

Section 5. Upon completion of the assessor's re- 
port, the county commissioners shall be empowered to 
call upon constables or State constabulary to kill all 
dogs not wearing a license tag, regardless of whose 
property they may be, and such officers shall not be 
liable to criminal or civil prosecution in the discharge 
of this duty: Prpvided, however. That before such 
action is taken they give thirty days' notice through 
one or more newspapers of general circulation, printed 
in the English language, in said county, that such 
action will be taken ; that upon any citizen furnishing 
to the county commissioners conclusive evidence of 
one or more unlicensed dogs running at large in any 
district or community, the county commissioners 
shall be required to have the unlicensed dogs in such 
community killed. Upon receipt of said notice from 
the county commissioners it shall thereupon be the 
duty of such constable to kill all such unlicensed dogs, 
and for such service said constable shall be entitled 
to receive for each dog killed and buried, cremated, 
or otherwise legally disposed of by him, from the 
county commissioners, out of the fund realized from 
the licensing of dogs, the sum of one dollar. For 
failure to perform his official duty under the pro- 
visions of this section the constable shall be liable 
to a penalty of two dollars for each offense, which 
said amount shall be deducted from any amount due 
such constable from the county at the next settlement 
between such officer and the county commissioners ; 
and provided further, that no dog shall be killed as 
set forth in this section when any authorized agent 
of any humane society shall indicate his willingness 
to take such dog and dispose of it otherwise. 

Section 6. Every person keeping a dog or dogs 
about his house or premises, permitting such dog or 
dogs to stay about his house or premises, shall be 
taken and deemed to be the owner of such dog or 
dogs, for all the purposes of this act; and shall be 
liable for the license of such dog or dogs, as the case 
may be ; the same to be recovered as are other licenses 
imposed in this Commonwealth. 



Dogs not 
reported. 



Killing of 
unlicensed 
dogs. 



ProTiso. 
Notice. 



Duty of 
county com- 
missioners. 



Duty of 
constables. 



Failure to 

perform 

duty. 

Penalty. 



"Owner' 
defined. 



58 



GAME, FISH AND FORESTRY LAWS, 



Dogs not 
wearing ool 
lar 'and tup 



Public, 
nuisaufe. 



FallHre of 
assessor to 
perform 
duties. 



Penalty. 



Repeal. 



Proviso. 



Section 7. All dogs not wearing the collar and 
tag required by the provisions of this act are hereby 
declared to be a public nuisance; and such dog 
may bo killed at any time by the owner of lands 
within the Commonwealth, or the bona fide tenant 
upon lands within the Commonwealth, or by the 
employe of either owner or tenant upon whose lands 
such dog may be found, and the owner of such dog 
so killed shall have no recourse at law whatever. 

Section 8. For failure of the assessor to perform 
his duties under the requirements of this act, he shall 
be liable to a penalty of two dollars in each case, 
which amount shall be deducted in any settlement 
occurring between said officer and the county com- 
missioners. 

Section 9. All acts or parts of acts providing for 
the assessment of dogs for purposes of taxation, and 
all other acts or parts of acts inconsistent herewith, 
be and the same are hereby repealed: Provided, That 
all taxes now levied and assessed against dogs, under 
any previous act and remaining unpaid, shall be col- 
lected under the provisions of the acts in force at the 
time said taxes were levied. 

Approved— The 3rd day of June, A. D. 1915. 

MARTIN G. BRUMBAUGH. 

This is not a game law and is put here only for the 
purpose of information to owners of dogs. 



AN ACT 

ii^-^ la^o"''^ For the Detter protection of the wild birds known 
L.' s_ "• ■ as the turtle or mourning-dove, the killdeer plover, 

* * * in Pennsylvania, and prescribing penalties for 

violation of its provisions. 



Wild biidi-. 

Turtle-dove. 

klUdeer. 

plover. 



Continuous 
protection. 



Section 1. Be it enacted, &c.. That from and 
after the passage of this act, the wild birds known as 
the turtle or mourning-dove, the killdeer plover * * * 
now classed as game-birds in this State, shall be taken 
from the list of birds at this time accorded but 
partial protection in this State, and shall be added 
to that class of birds known as "wild birds other 
than game-birds," to which class continuous pro- 
tection is accorded. 



Violations. 



Penalty. 



Proviso. 
Blaekbirdg. 



GAME, FISH AND FORESTRY LAWS. 

Section 2 as amended by the act of April 15th, 
1915, P. L. 131. 

Section 2. Except as provided by the law of this 
Commonwealth, it shall be unlawful for any person 
at any time to take or kill or wound, or to attempt 
to take or kill or wound, either a turtle- or mourn- 
ing-dove, or a killdeer plover, in this Commonwealth; 
or to have such dove or such plover, or any part of 
either bird, in possession; under a penalty of ten 
dollars for each bird, either dove or plover, taken 
or killed or wounded, or attempted to be taken, or 
killed, or wounded, or had in possession, in this 
Commonwealth; or, in lieu thereof, to suffer an im- 
prisonment in the common jail of the county for 
a period of one day for each dollar of penalty im- 
posed and unpaid: Provided, That those birds com- 
monly known as blackbirds may be killed by the 
owner or lessee of lands in this Commonwealth, or 
by the legitimate employe of such owner or lessee, 
when, upon the property under their control, such Killing of 
birds may be destroying either the eggs or the young 
of other birds, or the growing crops or grain, or 
fruit or berries ; and the Board of Game Commis- 
sioners shall have authority to direct the killing of 
those birds commonly called blackbirds, when satis- 
fied that such birds have from any cause become a 
nuisance in the section ivherein they may be located. 

Section 3. Each and every magistrate, alderman, 
or justice of the peace of this Commonwealth is 
herewith given the power of summary conviction in 
all cases relating to the violation of this act. The 
course of procedure before such magistrate, alder- 
man, or justice of the peace to be that prescribed 
by section thirty-one of the act of May first, one 
thousand nine hundred and nine, entitled "An act 
to provide for the protection and preservation of 
game, game-quadrupeds and game-birds, and song 
and insectivorous and other wild birds, and prescrib- 
ing penalties for violation of its several provisions." 

Section 4. All acts or parts of acts inconsistent 
with the provisions of this act are herewith re- 
pealed . 

Approved— The 21st day of March, A. D. 1913. 

JOHN K. TENER. 



Summary 
conviction. 



Procedure. 



Repeal. 



GAME, FISH AND FORESTRY LAWS 



Act April 2, 
1913 [V. L. 
33.) 

Game. 

Wapiti or 
elk. 



Close sea- 
son. 



Full pro- 
tection. 

Open sea- 
son, after 
November 
14. 1921. 



Limit. 



Violations. 



Hunting on 
Sunday. 



With doffs 



In the 
water. 



Except with 
lawful gun. 



AN ACT 

To providp for the protection and preservation » 
the wapiti or elk in Pennsylvania, and prescribinj 
penalties for violation of its several provisions. 

Section 1. Be it enacted, &c., That from anc 
after the passage of this act, the animal known afl 
the w.ipiti or elk shall be classed as a game animf 
in this Commonwealth. 

Section 2. That from and after the passage of this 
act, it shall be unlawful for any person to kill oij 
wound or capture, or to attempt to kill or wound o^ 
capture, any wapiti or elk found in a wild state 
this Commonwealth ; or to have such wapiti or elkj 
or any part thereof, in possession before the fifteenti _ 
day of November, one thousand nine hundred and' 
twenty -one. That after the fourteenth day of Novem- 
ber, one thousand nine hundred and twenty-one, 
unless otherwise provided, there shall be annually 
an open season for wapiti or elk in this Common- 
wealth, which open season shall begin at one o'clock 
ante meridian of the fifteenth day of November and 
extend to, but not include, the first day of December 
of each year; during which open season of each year, 
Sundays excepted, it shall be lawful for any person 
in this Commonwealth to kill one wild wapiti or elk, 
which in all instances shall be a male wapiti or elk 
with antlers, commonly called horns, with not less 
than four points to one antler: Provided, That the 
provisions of this act shall not apply to the Game 
Commission, or to any of its duly sworn and com- 
missioned game protectors, acting for the State. 

Section 3. It shall be unlawful at any time, within 
this Commonwealth, to kill or capture or wound, 
or to attempt to kill or capture or wound, a wapiti 
or elk, upon the first day of the week, commonly 
called Sunday, or to pursue any wapiti or elk with 
a dog or dogs; or to kill or capture or wound, or 
to attempt to kill or capture or wound, a wapiti 
or elk, in any of the waters of this Commonwealth; 
or to kill or capture or wound or take a wapiti or 
elk, in this Commonwealth, in any maner except 
through the use of a gun, such as usually raised at 
arms' length and fired from the shoulder ; or through 
the use of a gun that propels more than a single 
pellet, bullet, or ball at such wapiti or elk through 



GAME, FISH AND FORESTRY LAWS, 



61 



a single discharge ; or to kill or wound or take, or 
to attempt to kill or wound or take, any wapiti or 
elk, in this Commonwealth, through or by any method 
other than that known as still-hunting. Each and 
every person violating any provision contained in 
any of the sections of this act shall, upon conviction, 
be sentenced to pay a penalty of two hundred dol- Penalty. 
lars for each offense, or, in lieu thereof, shall suffer 
an imprisonment in the county jail of one day for 
each dollar of penalty imposed, for the first offense. 
And for the second, or for any other offense after 
the first offense, shall, upon conviction, be sen- 
tenced to pay a penalty of two hundred dollars, 
and, in addition, shall suffer an imprisonment of 
one day in the county jail for each dollar of penalty 
imposed. 

Section 4. Whenever,, because of a violation of 
any provision of this act, a person shall be con- 
victed for a first offense and a penalty be imposed, 
and the defendant shall neglect or refuse to imme- 
diately pay said amount, together with the costs 
of prosecution, in lawful money of the United States, 
he shall be at once committed to the common jail 
of the county for a period of one day for each dollar 
of penalty imposed ; unless he shall enter into good 
and sufficient recognizance to pay said penalty and 
costs within a period of ten days after the date of 
his said conviction, or shall certiorari the proceed- 
ings, or shall carry the case to a higher court on 
appeal as provided for in this act. For the second 
or any other offense, the defendant shall, in addi- 
tion to the penalty prescribed for the first offense, 
suffer an imprisonment of one day in jail for each 
dollar of penalty imposed: Provided, That in every 
case of a conviction for violation of any provision of 
this act, wherein a defendant suffers imprisonment 
in lieu of a cash payment of the penalty, imposed, 
all traps, guns, shooting paraphernalia, and other 
appliances, used in violation of the law, and found 
or proven to have been either in possession or under 
control of the defendant at the time of such viola- 
tion, shall be, and they are hereby declared, for- Forfeiture, 
feited to the Commonwealth of Pennsylvania, and 
shall be sold under the direction of the Board of 
Game Commissioners ; and the money thus secured 
be applied by them, first, to the payment of the 



First 
offense. 



Neglect or 
refusal to 
pay fine. 

Commit- 
ment. 



Bail. 



Subsequent 
offense. 



Proviso. 



62 



GAME, FISH AND FORESTRY LAWS. 



Shipment or 
removal of 
from the 
State pro- 
hibited. 



<lommon 



Game In 

transit. 



PosBession 
of wapiti or 

aiTidence. 



costs incurred, and second, the balance deposited 
with the State Treasurer, for the use of the Commun- 
wealth . The defendant being entitled • to a credit 
of one day off his imprisonment for each dollar so 
deposited, for the first offense only. 

Section 5. It sjiall be unlawful for any person, 
company, or corporation, or the agent or employe 
thereof, to at any time transport or ship or remove, 
or to cause to be in any manner transported, shipped 
or removed, out of this State, any wapiti or elk, 
or any part thereof, killed or taken in a wild state 
in this Commonwealth; or to kill, catch, take, or 
have in possession or under control, any wapiti or 
elk, or any part thereof, killed or taken in a wild 
state in this Commonwealth, with intent to allow 
or to aid in the shipment or removal out of this 
Commonwealth; and it shall be unlawful for any 
person, railroad company, express company, stage 
driver, or any other corporation or person acting 
in the capacity of a common carrier, their officers or 
employes, knowingly to receive for transportation 
or to transport, or remove, or to aid or assist in 
the transportation or removal, beyond the limits of 
this State, of any wapiti or elk, or any part thereof, 
killed or taken in a wild state in this Commonwealth. 
Whoever shall offend against any of the provisions 
of this section shall be liable to a penalty of two 
hundred dollars for each and every oitense: Pro- 
vided, That nothing contained in this act shall be 
held to impose any penalty for the transportation 
of any wapiti or elk, in transit through this State 
from another State ; or to the shipment out of this 
State, at any time, of wapiti or elk, legally killed 
or taken in another State, whether the same be in 
original package or otherwise ; and no penalty shall 
attach in any way, when any wapiti or elk, or 
any part thereof, legally killed in this Common- 
wealth, is delivered in good faith to an express com- 
pany or other common carrier for transportation 
from one point to another point in this State, and 
actually delivered at the point of destination within 
this State, if necessarily carried out of this State to 
reach its destination. 

Section 6. The possession of the dead body of a 
wapiti or elk, or any part thereof, by any person at 
any time, within this Commonwealth, shall be consid- 
ered prima facie evidence that the same was taken 



GAME, FISH AND FORESTRY LAWS 



63 



or is held contrary to the provisions of law, and shall 
render such person, in whose possession or under whose 
control the same shall have been found, liable to 
the penalty imposed for the violation of that pro- 
vision of this act fixing the penalty for the killing 
of such wapiti or elk during the close season. 

Section 7. It is herewith provided that wapiti or 
elk may be raised in captivity, and be disposed of 
within this State, under the regulations and require- 
ments pertaining to the propagation of deer in cap- 
tivity, as provided for by section seven of the act 
of May first, one thousand nine hundred and nine, 
entitled "An act to provide for the protection and 
preservation of game, game-quadrupeds, and game- 
birds, and song and insectivorous and other wild 
birds, and prescribing penalties for violation of its 
several provisions." And the person or persons so 
raising these animals shall be permitted to ship, 
either within or out of this State, such wapiti 
or elk, raised strictly in captivity within this State, 
under such rules and regulations as may be de- 
cided upon by the Game Commission of this State. 

Section 8. Each and every magistrate, alderman, 
and justice of the peace of this Commonwealth shall 
have the power of summary conviction in all matters 
pertaining to the enforcement of any of the provisions 
of this act ; and all actions for violation where the de- 
fendant is taken in the act or in a pursuit immedi- 
ately following said act, shall be commenced by 
affidavit made within one year of the time of the 
commission of each offense. Each and every magis- 
trate, alderman and justice of the peace, on com- 
plaint made before him by the affidavit of any person, 
is hereby authorized and required to issue his war- 
rant, under his hand and seal, directed to any con- 
stable, police officer, game-protector, deputy game- 
protector, or any other officer of this Commonwealth 
whose duty it is to protect the game and wild birds 
of this State ; and to cause such person or persons 
to be brought before him, the magistrate, alderman, 
or justice of the peace, who shall hear the evidence 
and determine the guilt or innocence of the person 
or persons charged. If the accused be convicted of 
such offense, he shall be sentenced to pay the pen- 
alty prescribed by the section violated, together with 
the costs of suit. All penalties collected in cases 
where the prosecutor is a paid game-protector shall 



Propagation 
in capacity. 



Shipment. 



feummary 
conviction. 



Warrant. 



Hearing. 



64 



GAME, FISH AND FORESTRY LAWS. 



Disposition 
of penalties. 



Appeals. 
Conviction. 



Acknowl- 
edgment of 
offense. 



Receipt. 



be immediately surrendered by the court receiving 
the same to such prosecutor, who in turn shall, as 
soon as may be, either deliver or forward such amount 
to the Secretary of the Board of Game Commissioners, 
who shall deposit the same in the State Treasury 
for the use of the Commonwealth. Where any other 
than a paid game-protector is the prosecutor, one- 
half of any such penalty thus collected shall belong 
to such prosecutor, and shall be paid to him by the 
court receiving the same ; the remaining one-half of 
such penalty shall be forwarded, within ten days 
after said conviction br such court, to the Secretary 
of the Board of Game Commissioners, at Harrisburg, 
together with a statement of the cause for which said 
money was collected. It shall be the duty of said 
Secretary to keep a record of the causes for whcih 
said money was collected, and deposit the same, at 
least once a month, with the State Treasurer, for 
the use of the Commonwealth. Any defendant, being 
dissatisfied with the finding of the magistrate, alder- 
man, or justice of the peace, in a trial for the viola- 
tion of any provision of this act, shall be entitled to 
an appeal, under the provisions of section fourteen 
of article five of the Constitution, and the laws of 
Pennsylvania relating thereto ; which said court, on 
the conviction of the defendant of such offense, and 
his failure to pay the penalty imposed by this act, 
together with the costs of prosecution, shall com- 
mit such defendant to the common jail of the county 
for the time as prescribed by this act: Provided, 
That any person caught in the act, or charged with 
a violation of any provision of this act, may, at 
his discretion, either before or after the bringing of 
suit, and sign an acknowledgment of the offense com- 
mitted, and pay to any duly authorized game-pro- 
tector or deputy game-protector the penalty in full,, 
as fixed by the section violated, together with costs, 
if any, to date; and the printed receipt which he 
shall receive therefor, and which in all instances 
shall bear the imprint of the seal of the Board of 
Game Commissioners and the signature of its Sec- 
retary, shall be evidence of full satisfaction of the 
offense commiitted. 

Section 9. All acts or parts of acts inconsistent 
with the provisions oi this act are hereby repealed. 

Approved— The 2d day of April, A. D. 1913. 

JOHN K. TENER. 



GAME, FISH AND FORESTRY LAWS. 



65 



AN ACT 

For the better protection of wild -birds and game 
within the Commonwealth of Pennsylvania ; re- 
quiring citizens of the United States residing within 
this State to procure a license before using guns 
for the purpose of hunting for any wild birds or 
animals protected by the l^iws of this Common- 
wealth ; and providing penalties for violation of 
its several provisions, and the manner of proceed- 
ing to enforce compliance therewith ; and pro- 
viding for the disposition of the license fees, fines, 
and penalties received. 

Section 1. Be it enacted, &c.. That from and 
after the passage of this act, it shall be unlawful 
for any person residing within this Commonwealth 
to hunt for wild birds or wild animals protected 
by the game laws of this Commonwealth, with fire- 
arms, or with a device of any kind propelling with 
force a leaden or metal pellet or bullet; or, except 
in the defense of person or property, to shoot at or 
kill, or pursue with intent to take, kill or wound, 
any such wild birds or wild animals found within 
this Commonwealth ; withoL t first securing a license 
to so do, in accordance wiLi the provisions of this 
act. 

Section 2. Whenever the word "person" is used 
in this act, such word shall be taken to include 
every person. All words or terms in this act which 
refer to persons in the singular number shall be 
taken to include the plural number. All words of 
the plural number shall include the singular num- 
ber, and all words of the masculine gender shall 
be taken to include the feminine gender. 

Section 3. For the purposes of this act any per- 
son born in the United States of America, or any 
person fully naturalized under the laws of the United 
States, or the son of any such naturalized person, 
under the age of twenty-one years, who has been 
a bona fide resident of this Commonwealth for a 
period of thirty days next preceding his application, 
shall be entitled, to the license herein referred to, 
upon the further fulfillment of the requirements of 
this act. 



Act April 
17, 1913. P. 
L. 85. 



Wild birds 
and game. 



Hunter's li 
cense act. 



License. 

"Person." 
"Number. 

"Gender." 



Persons en- 
titled to be 
licensed. 



GAME, FISH AND FORESTRY LAWS. 



Application 
for license. 



Proof. 



Form of li- 
cense. 



Tag. 

Display of 
tag. 

Proviso. 

Justice of 
the peace 
may also is- 
sue licenses. 



Section 4. Each and every resident of this Com- 
monwealth — such resident being a citizen of the 
United States — upon application made, verbally or 
in writing, to any county treasurer within the 
Commonwealth, and the presentation of proof that 
he is a citizen of the United States and a bona fide 
resident of this Commonwealth under the require- 
ments of this act, and the payment to said county 
treasurer of one dollar, shall be entitled to what is 
herein designated as a "Resident Hunter's License," 
and a tag with the number of the license thereon: 
Provided, That no person under the age of sixteen 
years shall be entitled to or receive such license, 
without presenting a written request therefor, bear- 
ing the signature of his father or mother, or his 
legally constituted guardian: Provided further. That 
no person under fourteen years of age shall be granted 
a license. Said license shall be issued on a form 
prepared and supplied by the Board of Game Com- 
missioners, at the cost of the Commonwealth. Such 
license shall bear a description of the person apply- 
ing for the same, with the date of its issue, and 
shall authorize the person named therein to use 
legal firearms for the purpose of hunting and kill- 
ing any of the wild animals or game-birds pro- 
tected by the laws of this Commonwealth, under 
the restrictions and requirements of existing laws, 
during that year, the date of which is inscribed 
thereon. Said certificate shall become void upon the 
thirty-first day of December next following the date 
of issue. The Game Commission shall also furnish 
free of charge, and the county treasurer shall issue, 
with each license, a tag bearing the license number, 
in figures at least one inch in height, which tag 
said licensee is required to display on the back of 
the sleeve, between the elbow and the shoulder, in 
such manner that the figures be visible at all times 
while hunting: Provided, That it shall be lawful, 
under the provisions of this act, for any justice of 
the peace within this Commonwealth, who has quali- 
fied therefor by having applied to the county treas- 
urer of the county in which he is located, and hav- 
ing received and receipted for necessary blanks and 
tags, to issue a resident hunter's license and tag 
on like conditions and in like manner as prescribed 
for the issuance of licenses by any county treasurer. 



GAME, FISH AND FORESTRY LAWS, 



67 



upon payment of fifteen cents to said justice by the 
said licensee, in addition to the other dollar pre- 
scribed as the cost of said license ; said fifteen cents 
to be retained by said justice of the peace as his 
fee for the issuance of said license and reporting the 
same, and remitting payment therefor to the county 
treasurer of the county in which said justice of the 
peace is located. Such report and remittance to be 
made and done by said justice of the peace within 
twenty-four hours after the issuance of said license 
by him. Whereupon said county treasurer shall 
make a record of, and, otherwise treat, said license 
as though it had been issued from- his ofiice, except 
that he shall also note upon his record the name of 
the justice issuing the license. Every justice of the 
peace shall deliver the book or books from which he 
has issued licenses, together with the stubs therein 
properly filled out and showing the names of each 
licensee and the number of the license issued to 
him, to the treasurer of his county during the month 
of January of each year. 

Section 5. Any citizen of the United States, resi- 
dent within this Commonwealth, who shall, ex- 
cepting in defense of person or property, attempt 
through the use of a gun or mechanical device, be- 
fore described in this act, to hunt for, or take or 
wound or kill, any of the wild birds or animals 
protected by the laws of this Commonwealth, with- 
out first being possessed of a "Resident Hunter's 
License," lawfully issued to him in his name, shall 
be liable to a penalty of twenty dollars for each 
offense ; and each day upon which said gun or device 
is used shall be considered a separate and distinct 
offense: Provided, That nothing in this act shall 
be construed to prevent any citizen of the United 
State, residing within this Commonwealth, from 
having a gun in his home ; or from using such gun in 
defense of either person or property ; or from shoot- 
ing at targets ; or from hunting for or shooting at, 
in any place in this Commonwealth, anything n6t 
protected by the laws of this Commonwealth ; or to 
prevent any bona fide owner or any bona fide lessee 
of lands within this Commonwealth, or any mem- 
ber of the family of such owner or lessee, such per- 
son being a citizen of the United States, residing 
upon and cultivating lands in this Commonwealth, 



Keport and 
paymeut b.^ 
justices. 



Record of 

license. 

Delivery of 
stub-books. 



Violations. 



Penalty. 
Proviso. 



Ownership ol 
and lawful 
use of gun. 



GAME, FISH AND FORESTRY LAWS. 



Without li- 
cense. 

Rights con- 
veyed by 
act. 



Possession 
of gun in 
tield. etc. 



Prima facie 
evidence. 



Display of 
tag and 
showing of 
license. 



Refusal or 
neglect. 



Penalty. 

Possession 
of gun and 
game. 

Prima facie 
evidence. 



Display of 
tag, etc. 



Proviso. 
Penalty. 



Affidavit of 
denial. 



from hunting thereon, or, by and with the consent 
of the owner thereof, from hunting upon the lands 
immediately adjacent and connected with his own 
lands, — without securing the license provided for by 
this act; it being distinctly understood that no right 
is conveyed by this act to hunt upon either private 
or public property in this Commonwealth, contrary 
to the wishes of those who may own or control such 
property . 

Section 6. For the purpose of this act, the fact 
that any person shall be found in possession of a 
gun, or a mechanical device of any description 
possessing the power to propel with force a leaden 
or metal bullet or pellet, either in the field, in the 
forests or on the waters of this Commonwealth, shall 
be considered prima facie evidence that such person 
is hunting ; and shall render him liable to display 
his license tag as aforesaid, and to show his "Resi- 
dent Hunter's License" to any officer of this Com- 
monwealth, whose duty it is to protect the game and 
wild buds of the Commonwealth, or, upon demand 
by the owner or the lessee, or by the employee or 
representatives of such owner or lessee, upon whose 
lands such person may be found in this Common- 
wealth ; and for refusing or neglecting to comply 
with such request, such person, neglecting or re- 
fusing to display his license tag, as aforesaid, and 
exhibit his "Resident Hunter's License," shall, upon 
conviction, be liable to a penalty of twenty dollars; 
and the fact that any person may be found upon 
the highways of the Commonwealth, in possession 
of a gun and the dead body of any bird or animal 
protected by the laws of this Commonwealth, shall 
be considered prima facie evidence that such person 
is hunting; and such person, upon demand made 
by any officer of the Commonwealth whose duty it is 
to protect the wild birds and game of the State, 
shall be required to display his license tag', as afore- 
said, and exhibit his "Resident Hunter's License," 
and for refusing to so do shall, upon conviction, be 
liable to a penalty of twenty dollars: Provided, 
That in all cases of arrest for violation of any of 
the provisions of this act, except where the dead 
body of any game bird or animal is found in posses- 
sion of the accused, the affidavit of any person, 
charged with such violation, denying the '2harge made. 



GAME, FISH AND FORESTRY LAWS. 



shall, in every instance, over-balance what is 
termed "prima facie evidence" in any of the pro- 
visions of this act ; and that all penalties collected 
for violation of any of the provisions of this section 
shall be paid into the State Treasury, to be applied 
to the purposes otherwise provided for in this act. 

Section 7. Each and "every county treasurer of 
this Commonwealth shall keep in a book to be 
supplied by the Board of Game Commissioners at 
the cost of the Commonwealth, a correct and com- 
plete record of all "Resident Hunters' Licenses" 
issued by him. Such book shall be in the form of an 
alphabetical index ; and it shall be the duty of each 
county treasurer to have entered therein, at the 
close of each week, the name and place of residence 
of each individual to whom a license shall have 
been issued during that week ; and to forward im- 
mediately to the Game Commission a complete list 
of licenses granted, with names and, addresses of 
licensees and numbers of their respective license, on 
blanks to be furnished by the Game Commission ; 
and this index shall be open at any reasonable hour 
to the inspection of any officer of the Commonwealth 
whose duty it is by law to protect the wild birds 
and game of the Commonwealth. 

Section 8. Said county treasurers are herewith 
authorized to retain for services rendered the sum 
of ten cents from the amount paid by each licensee, 
which amount shall be full compensation for ser- 
vices rendered by him in each case under the pro- 
visions of this act, and shall remit all balances aris- 
ing from this source, at least once a month, to the 
State Treasurer, for the purposes otherwise pro- 
vided for in this act. Each county treasurer shall 
make his return to the State Treasurer upon a form 
to be supplied by the Board of Game Commissioners, 
at the cost of the Commonwealth, and shall in every 
instance forward a duplicate of such report to the 
Secretary of the Board of Game Commissioners at 
Harrisburg. 

Section 9. Any officer of the Commonwealth whose 
duty it is to protect the wild birds or game of the 
Commonwealth or to preserve the peace of the Com- 
monwealth shall have the right to arrest, without 
warrant, any person caught in the act of violating 



Effect of. 



County 
treasurers. 



Itecord of 

licenses. 



Index. 



Euty of 
treasurers. 



Inspection 
of index. 



Treasurer's 
fee. 



Returns of 
treasurer. 



Powers of 
officers. 



Arrest with- 
out warrant. 



GAME, FISH AND FORESTRY LAWS. 



Seizures. 



Disposition 
of seizures. 



Forfeiture of 
same. 



Forfeiture of 
guns, boats, 
etc. 



Application 
funds. 



Forfeiture 
when own- 
ers escape 
arrest. 



Disposition 
of guns, 
boats, etc. 



any provision of this act, or in a pursuit imme- 
diately following such violation ; and to seize all 
guns, shooting paraphernalia, dogs, boats, decoys, 
or other appliances used in violation of any pro- 
vision of this act; also, all wild birds or animals, 
game or otherwise, found- either in possession or 
under control of the suspected person within this 
Commonwealth. All birds and animals, or parts 
thereof, not classed as game in this Commonwealth, 
thus seized, shall be held subject to the order of 
the Board of Game Commissioners. All guns, boats, 
decoys, dogs, game, and shooting paraphernalia, 
seized when such arrest is made, shall be held sub- 
ject to the determination of the proceedings instituted ; 
and, where the party accused is con^dcted, all game 
seized shall be forfeited to the Commonwealth of 
Pennsylvania, and as soon as may be shall be for- 
warded to the most convenient hospital, for the use 
of the sick or injured therein. All guns, boats, 
decoys, dogs, and shooting paraphernalia of every 
description, thus seized, shall be held subject to the 
payment of the penalty imposed and the costs of 
prosecution; and, unless security be given as re- 
quired by section thirteen of this act, all such seized 
guns, boats, decoys, dogs, and shooting paraphernalia 
shall be sold at public auction, after advertising the 
same for five days, by at least five public hand- 
bills conspicuously posted in the city, borough, or 
township wherein the conviction was secured. Any 
fund thus arising shall be applied, first, to the pay- 
ment of the costs of prosecution; then, to the pay- 
ment of the penalty imposed ; and the remainder, if 
any, shall be returned to the owner of the prop- 
erty seized. Where game, dogs, boats, decoys, or 
shooting paraphernalia of any description shall be 
seized, and the owners thereof escape arrest, and 
refuse to present themselves and make claim to 
said property, all such game, after the lapse of three 
days after the seizure, shall be declared forfeited 
to the Commonwealth, and shall be sent to the most 
convenient hospital, for the purpose before indicated 
in this section. All guns, dogs, boats, decoys, and 
other shooting paraphernalia thus seized shall 
be held for a period of ten days; after which time, 
if the owner thereof fails to appear and defend 
himself against the charges made, such property 



GAME, FISH AND FORESTRY LAWS. 



71 



of all description shall be sold, in the manner pre- 
scribed for the sale of seized property after convic- 
tion, and the fund arising from such sale be applied 
as in the case of the sale after conviction: Pro- 
vided, That the fact that imprisonment is suffered 
by any person convicted of violating any provisions 
of this act shall not prevent the sale of guns, dogs, 
boats, decoys, or other shooting paraphernalia of any 
description, held as the property of the imprisoned 
party, and the application of the fund thus realized 
to the payment of the costs and the penalty imposed. 

Section 10. Each and every person resisting arrest 
for violation of any of the provisions of this act, 
or refusing to go with an oflBcer after an arrest 
has been made, or interfering with an officer of the 
Commonwealth in the performance of his duty under 
the provisions of this act, shall be liable to a penalty 
of one hundred dollars, which penalty when col- 
lected shall be applied as are other penalties under 
the provisions of this act. 

Section 11. Whenever, because of the violation of 
any of the requirements of this act, any person shall 
be convicted for a first offense and a penalty be im- 
posed, and the defendant shall neglect or refuse to 
at once pay said amount, together with the costs of 
prosecution, in lawful money of the United States, he 
shall at once be committed to the common jail of 
the county in which the conviction is secured, for 
a period of one day for each dollar of penalty im- 
posed ; unless he shall enter into good sufficient re- 
cognizance to either pay the penalty and costs, within 
a period of ten days after the date of said conviction, 
or to certiorari the proceedings under the forms of 
law, or to carry the case to a higher court on appeal, 
under the provisions of section fourteen of article five 
of the Constitution and the laws of Pennsylvania re- 
lating thereto. For the second or any additional 
offense after the first offense the defendant shall, in 
addition to the penalty prescribed for the first offense, 
suffer an imprisonment of one day in jail for each 
dollar of penalty imposed: Provided, That in every 
case of a conviction for violation of any of the pro- 
visions of this act, wherein the defendant suffers im- 
prisonment in lieu of a cash payment of the penalty 
imposed, or fails to pay the costs of prosecution, all 
traps, guns, boats, decoys, shooting paraphernalia, 
or other appliances used in violation of the law, and 



Resisting 
arrest, etc. 



Penalty. 



Refusal to 
pay penalty. 



First 
offense. 



Second or 

subsequent 

offense. 



72 



GAME, FISH AND FORESTRY LAWS 



Forfeiture 
of traps, 
guns, boats, 
etc. 



Disposition, 
of fees. 



Payment of 
bounties. 



Summary- 
conviction. 



found in his possession at the time of arrest or proven 
to have been used in violation of law, shall be and 
they are hereby declared forfeited to the Common- 
wealth of Pennsylvania ; and shall be either destroyed 
or sold, as the Board of Game Commissioners may 
consider best, and the money secured through such 
sale shall be applied by said Board, first, to the pay- 
ment of the costs incurred, and the remainder, if any, 
be deposited with the State Treasurer, to be used for 
the purposes herein otherwise provided ; the defendant 
being entitled, for the first offense only, to the credit 
of one day off his imprisonment for each dollar so de- 
posited with the State Treasurer. 

Section 12. All license fees collected under the pro- 
visions of this act, and all fines and penalties im- 
posed and collected for violation of any of its pro- 
visions, shall be paid to the State Treasurer as here- 
inbefore designated, who shall keep the moneys thus 
collected as a fund separate and apart, solely for the 
purpose of wild bird and game protection, and for the 
purchase and propagation of game under the super- 
vision of the Board of Game Commissioners of the 
Commonwealth of Pennsylvania, and the payment of 
bounties under the provisions of law. The several 
purposes to which the fund, so received by the State 
Treasurer, shall be applied, to be clearly designated 
by an act of the Legislature, either in the general 
appropriation act or by separate appropriation for the 
payment of bounties. It being specifically provided 
that fifty per centum of any fund returned to the State 
through or because of the provisions of this act, or 
so much of said fifty per centum as may be needed, 
shall be applied by the Legislature at its biennial ses- 
sions to the payment of bounties, at the rate of one 
dollar for each mink killed, two dollars for each wea- 
sel killed, two dollars for each fox killed, and four 
dollars for each wildcat killed, and such bounty upon 
other animals or birds as may hereafter have a bounty 
placed upon them by the Legislature of the State; 
such bounties to be paid upon proof of such killing 
as is now provided by the law of this Commonwealth. 

Section 13. Each and every magistrate, justice of 
the peace, and alderman, within this Commonwealth, 
shall have the power of summary conviction in matters 
pertaining to violation of any of the provisions of this 
act. All actions for violation of any of the provisions 
of this act, excepting v/here the defendant is taken in 



GAME, FISH AND FORESTRY LAWS. 



73 



the act of violating the law, or in a pursuit immedi- 
ately following such violation, shall be commenced by 
affidavit made within one year after the date of such 
violation ; and any magistrate, justice of the peace, 
or alderman, in this Commonwealth, on complaint 
made before him, by affidavit by one or more persons 
of a violation of any of the provisions of this act by 
any person, is hereby authorized and required to issue 
his warrant, under his hand and seal, directed to 
any constable, police officer, game protector, or any 
officer of the Commonwealth whose duty it is to pro- 
tect game and wild birds of the Commonwealth, and 
cause such person to be brought before him, such 
magistrate, justice of the peace, or alderman, who 
shall hear the evidence and determine the guilt or 
innocence of the person accused ; and if such person 
be convicted of the offense charged, he shall be sen- 
tenced to pay the full penalty prescribed by the section 
violated, together with the costs of prosecution. All 
penalties thus recovered, in cases where the prosecu- 
tor is a salaried officer of the Commonwealth, shall 
be immediately surrendered by the court receiving the 
same to the prosecutor, who in turn, as soon as may 
be, shall forward or deliver such amount in full to 
the Secretary of the Board of Game Commissioners 
at Harrisburg. Where any officer of the Common- 
wealth, other than a salaried officer, is the prosecu- 
tor, the penalty shall be, as soon as the case is fully 
determined before him, forwarded by such magistrate, 
justice of the peace, or alderman to the Secretary of 
the Board of Game Commissioners at Harrisburg, to- 
gether with a statement of the cause for which such 
money shall have been collected, the cost of which 
statement is hereby fixed at fifty cents and made a 
part of the costs of prosecution ; and it shall be the 
duty of said Secretary of the Board of Game Commis- 
sioners to at least once a month make return of 
moneys thus collected to the State Treasurer, to be 
applied to the purposes otherwise provided for in this 
act. Each and every defendant convicted on appeal 
before any court of this Commonwealth shall be sen- 
tenced to pay the penalty imposed by the section vio- 
lated, or to undergo imprisonment in the common 
jail of the county for one day for each dollar of 
penalty imposed and unpaid: Provided, That any 
person charged with violating any provision of this 



Affidavit. 



Warrant. 



Hearing. 



Disposition 
of penalty. 



Conviction 
on appeal. 



74 



GAME, FISH AND FORESTRY LAWS. 



Acknowledg- 
ment of 
offense. 



Receipt. 



Repeal. 



act may sign an acknowledgment of the offense com- 
mitted, either before or after the beginning of suit, 
and pay to any duly appointed and commissioned game 
protector, deputy or special deputy game protector, 
the penalty in full, as fixed by the act, together with 
the costs accruing to the State to that date ; and the 
printed receipt therefor, which shall in every instance 
bear the imprint of the Seal of the Board of Game 
Commissioners of Pennsylvania, and the signature of 
its Secretary, shall be evidence of full satisfaction of 
the offense committed: Provided further. That when 
any person or persons are arrested for any violations 
of the provisions of any section of this act, the party 
or parties making said arrests shall immediately there- 
after take, or cause to be taken, the parties so ar- 
rested to the nearest justice of the peace, magistrate, 
or alderman, for a hearing upon the charge upon 
which said person or persons were arrested. 

Section 14. All acts or parts of acts inconsistent 
with the provisions of this act are hereby repealed. 

Approved— The 17th day of April, A. D. 1913. 
JOHN K. TENER. 



Act Jun^ 
1813. P. L. 
454. 



Prohibition 
of the use 
of upon 
lands of 
hospital, 
park 
sort. 



re- 



AN ACT 

To prohibit the use of firearms of any description upon . 
lands set apart to hospital, or sanatorium, or park, 
or resort uses, whereon human beings congregate 
in the open, in quest of health, recreation, or 
pleasure in this Commonwealth, and providing pen- 
alties for violation of its several provisions. 

Section 1. Be it enacted, &c.. That, from and 
after the passage of this act, it shall be unlawful for 
any person within this Commonwealth, at any time 
of the year, to discharge a shotgun or a rifle, or a 
firearm of any description, except in defense of per- 
son or property, or by the written consent of the 
owner or person controlling the same upon the 
grounds belonging to, or connected with and controlled 
by, those operating a public or private hospital or 
sanatorium, or nark or resort, set apart to the use of 
the public either free or otherwise, and upon which 
human beings congregate in the open, in quest of 
health, recreation, or pleasure, — such lands being 
surrounded by a marker, either a fence or single 



GAME, FISH AND FORESTRY LAWS, 



75 



wire, or a marker of any description that will cjearly 
designate the boundaries thereof, and a line of notices 
printed upon cloth, or painted, and posted not to 
exceed one hundred yards apart along said marker, 
calling attention to the fact that the land within such 
enclosure has been set apart for a specific purpose 
(naming it), and that shooting upon such property 
is prohibited: Provided, That no privileges may be 
given by those owning or operating such lands to any 
person to hunt for or shoot at either animals or 
birds classed as game, in this Commonwealth, upon 
such property. Each and every person violating any 
provision of this act shall be guilty of a misdemeanor; 
and upon conviction shall be liable to a penalty of 
twenty-five dollars for the first offense, or, in lieu 
thereof, shall suffer an imprisonment in the common 
jail of the county of one day for each dollar of pen- 
alty imposed for the first offense, and for the second 
and each succeeding offense after the first offense, 
shall, in addition to the penalty imposed for the first 
oft'ense, undergo an imprisonment of one day in jail 
for each dollar of penalty imposed, no matter whether 
the penalty in cash be paid or not. 

Section 2. Each and every State policeman, local 
policeman, constable, game protector, or any other 
peace officer, in this Commonwealth, is herewith 
given authority to, and it is made his duty to, arrest 
without warrant any person caught in the act of 
violating any provision of this act, and to follow the 
usual course of serving a warrant, arresting, and 
prosecuting persons charged with misdemeanors in 
this Commonwealth in all cases where the informa- 
tion of such violation is by any other person brought 
to the attention of the officer. 

All penalties collected for violation of any provision 
of this act shall be delivered to the county treasurer of 
the county in which the conviction is secured, to be 
used as other funds belonging to the county are used. 

Section 3. All acts or parts of acts inconsistent 
with the provisions of this act are hereby repealed. 

Approved— The 6th day of June, A. D. 1913. 
JOHN K. TENER. 



Marker of 
boundaries. 



Proviso. 

Violations- 
Penalty. 



Officers au- 
thorized to 
arrest with- 
out warrant . 
etc. 



Eepeaied„ 



76 



GAME, FISH AND FORESTRY LAWS, 



Act April 9. 
1915. P. L. 
73. 



Counties 
given the 
right to 
close to 
hunting for 
a term of 
years. 

Elk, deer, 
squirrels, 
and certain 
game-birds. 



Protection 
of. 



Petition 
asking the 
right to 
close. 



Closure of 
county. 



Blanks. 



Publicity. 



AN ACT 

To provide for the better protection and preservation 
of deer and elk, squirrels, and certains birds classed 
as game-birds, within the Commonwealth; provid- 
ing a method through which certain lands in the 
Commonwealth may be closed to hunting for a term 
of years ; and prescribing penalties for violation of 
its several provisions. 

Section 1. Be it enacted, &c.. That from and after 
the passage of this act, the Board of Game Commis- 
sioners of this Commonwealth shall have the power 
and authority to close, for a term of years, to the pur- 
pose of hunting elk, and deer, squirrels of all kinds, 
and wild turkey, and ruffed-grouse, and quail, com- 
monly called Virginia partridge, and ring-necked 
pheasant, and Hungarian quail, or either of them, as 
may appear necessary to the citizens of any county of 
this Commonwealth, for the purpose of adding to the 
protection of such animals and birds, or either of 
them, and assist in their increase in the county wherein 
such citizens may reside. 

Section 2. That whenever at least two hundred citi- 
zens of any county in this Commonwealth shall, 
through written petition, certify to the Board of Game 
Commissioners that, in their opinion, an absolutely 
closed season is necessary to insure the better pro- 
tection and consequent increase of elk and deer, and 
squirrels of all kinds, and wild-turkeys, and ruffed- 
grouse, and quail, and ring-necked pheasant, and Hun- 
garian quail, or either of them, in a wild state, in 
that county in which such citizens may reside, and 
asking that such county be closed to hunting for a 
period, the Board of Game Commissioners shall for- 
ward to said petitioners and others a blank form 
setting forth such questions as they may consider 
best suited to determine the quantity of game and 
game conditions in the county in question, and the 
necessity for closing said county to hunting ; which 
said forms, with replies to entitle such answer to 
consideration before said Board of Game Commis- 
sioners, shall be returned to said Board on or before 
the return day as fixed upon said forms. Such pe- 
titioners shall also publish, for at least three con- 
secutive weeks, at their own expense, in at least 
two prominent newspapers in the. county to be closed. 



GAME, FISH AND FORESTRY LAWS. 



77 



the statement that such petition has been filed, with 
its purpose, and the return day for information as 
fixed by the Board of Game Commissioners ; and shall 
file with said board duly certified copies of such no- 
tices, as published in each newspaper, on or before 
said return day. If the written answers as returned 
shall fail to satisfy said Board of Game Commis- 
sioners that such closed season is necessary, or those 
opposing such action shall demand a hearing before 
said board, then a hearing shall be had, upon such 
date, and at such place within the county to be af- 
fected, as may be decided upon by the said Board of 
Game Commissioners, the expense of such hearing to 
be paid by those demanding the same. If, after, the 
receipt of the written answers, or the public hearing, 
or both, the Board of Game Commissioners shall be 
satisfied such closed season is necessary to insure the 
better protection of elk and deer, squirrels of all 
kinds, and wild turkeys, and ruffed-grouse, and quail, 
and ring-necked pheasant, and Hungarian quail., 
found in a wild state, and their consequent increase, 
in said county, they are herewith empowered and di- 
rected to declare a closed season, not to exceed five 
years, for elk and deer, and wild turkeys, and ruffed- 
grouse, and quail, and ring-necked pheasants, and 
Hungarian quail, or either of them, found in a wild 
state within said county. 

The Board of Game Commissioners, to make such 
closed season effective and binding, shall be required 
to publish annually their decision and action regard- 
ing this matter, in at least three newspapers, if 
there be that many, in each county affected thereby, 
and to have notices of such ruling, declaring such 
county closed to hunting, printed and annually dis- 
tributed in reasonable numbers throughout the af- 
fected territory. 

Each and every person violating any of the pro- 
visions of such ruling made by the Board of Game 
Commissioners, under the requirements of this act, 
shall be liable to a penalty of three hundred dollars 
for each elk, and two hundred dollars for each deer, 
and twenty -five dollars for each squirrel or bird, 
taken, killed, wounded, or attempted to be taken, 
killed, or wounded, upon said closed territory. 



Certified 
copies of 
notices. 



Hearing. 



Closed sea- 
son. 



Publication 
of decision. 



Distribution 

Violations. 

Penalties. 



78 



GAME, FISH AND FORESTRY LAWS. 



yiunmary 
conviction. 



Affidavit. 



^Varrant. 



Ilea ring. 



Penalties, 
disiiosition 
of. 



Statement. 



Section 3. Each and every magistrate, justice of 
the peace, and alderman within this Commonwealth 
shall have the power of summary conviction in mat- 
ters pertaining to violation of any of the provisions 
of this act. All actions for violations of any of 'the 
provisions of this act, except where the defendant 
is taken in the act of violating the law, or in a pur- 
suit immediately following such violation, shall be 
commenced by affidavit made within two years after 
the date of such violation ; and any magistrate, 
justice of the peace, or alderman in this Common- 
wealth, on complaint made before him, by affidavit, 
by one or more persons, of a violation of any of the 
provisions of this act by any person, is hereby au- 
thorized and required to issue his warrant, under 
his hand and seal, directed to any constable, po- 
lice officer, game protector, or any officer of the Com- 
monwealth whose duty it is to protect the game and 
wild birds ^ of the Commonwealth, and cause such per- 
son to be brought before him, such magistrate, jus- 
tice of the peace, or alderman, who shall hear the 
evidence and determine the guilt or innocence of the 
person accused ; and if such person be convicted of 
the offense charged he shall be sentenced to pay the 
full penalty prescribed by the section violated, to- 
gether with the costs of prosecution. All penalties 
thus recovered, in cases where the prosecutor is a 
salaried officer of the Commonwealth, shall be im- 
mediately surrendered by the court receiving the same 
to the prosecutor, who in turn, as soon as may be, 
shall forward or deliver such amount in full to the 
Secretary of the Board of Game Commissioners at 
Harrisburg. Where any citizen of the Common- 
wealth, other than a salaried officer, is the prose- 
cutor, one-half of any penalty thus collected shall be 
paid to such prosecutor by the court receiving the 
same; and the remaining one-half shall be, as soon as 
the case is fully determined before him, forwarded by 
such magistrate, justice of the peace, or alderman to 
the Secretary of the Board of Game Commissioners at 
Harrisburg, together with a statement of the cause for 
which such money shall have been collected, the cost 
of Which statement is hereby fixed at fifty cents and 
made a part of the costs of prosecution ; and it shall 
be the duty of said Secretary of the Board of Game 
Commissioners to, at least once a month, make return 
of moneys thus collected to the State Treasurer, who 



GAME, FISH AND FORESTRY LAWS 



79 



shall keep the moneys thus collected as a fund sepa- 
rate and apart, solely for the purpose of wild bird 
and game protection, and for the purchase and propa- 
gation of game, under the supervision of the Board of 
Game Commissioners of the Commonwealth of Penn- 
sylvania, and for payment of bounties under the pro- 
visions of law. The several purposes to which the 
fund so received by the State Treasurer shall be ap- 
plied to be clearly designated by an act of the Legis- 
lature, either in the general appropriation act or_ by 
separate appropriation for the payment of bounties. 
Any prosecutor or defendant being dissatisfied with 
the finding of the magistrate, justice of the peace, 
or alderman, in a trial for violation of any provision 
of this act, shall be entitled an appeal, under the 
provisions of section fourteen of article five of the 
Constitution, and the laws of Pennsylvania relating 
thereto ; which said court, on the conviction of the 
defendant of such offense, and his failure to pay the 
penalty in full imposed by this act, together with 
the costs of prosecution, shall commit such defendant 
to the common jail of the county for one day for 
each dollar of penalty imposed. Provided, That any 
person caught in the act, or charged with a violation 
of any provisions of this act, may at his discretion, 
either before or after the bringing of the suit, sign 
an acknowledgment of the offense committed, and pay 
to any duly authorized game protector or deputy game 
protector the penalty in full, as fixed by the section 
violated, together with costs, if any, to date; and the 
receipt which he shall receive therefrom, and which 
in all instances shall bear the imprint of the seal 
of the Board of Game Commissioners and the sig- 
nature of its Secretary, shall be evidence of full 
satisfaction of the offense committed. 

Section 4. The act of the twenty-ninth of April, 
one thousand nine hundred and thirteen (Pamphlet 
Laws, one hundred and twenty), entitled "An act to 
provide protection and preservation of elk and deer; 
providing a method through which certain lands in 
the Commonwealth may be closed to hunting for a 
term of years, and prescribing penalties for violation 
of its several provisions," is hereby repealed: Pro- 
vided, however. That any counties which have already 
been closed for a term of years, under the provisions 
of said act, may remain closed under the provisions of 
this act for the term for which they have already 



Separate 
fund. 



Appeals. 



Proviso. 



Acknowl- 
edgment of 
offense. 



Repeal. 

Act of 

April 29, 
1913. 



80 



GAME, FISH AND FORESTRY LAWS, 



been closed, without taking any further action there- 
for; and all other laws, or parts of laws, inconsistent 
with the provisions of this act, are hereby repealed . 
Approved— The 9th day of April, A. D. 1915. 
MARTIN G. BRUMBAUGH. 



Act April 
15. 1915 P. 
L. 126. 



Noxious 
animals. 

Bounty for 
the killing 
of fox. 
wildcat, 
weasel, 
or mink. 

Procedure to 

secure 

bounty. 



Affidavit. 



AN ACT 

Creating a reward or bounty for the destruction of 
certain noxious animals killed within the Common- 
wealth of Pennsylvania ; providing a method for 
the payment of the same ; and providing the method 
of furnishing evidence of said destruction, and pen- 
alties for the violation of the several provisions 
hereof. 

Whereas, Frauds have been perpetrated upon the 
Commonwealth of Pennsylvania, under the act of July 
twenty-five, one thousand nine hundred and thirteen 
(Pamphlet Laws, one thousand and thirty-six), in the 
collection of bounties for the destruction of animals 
and birds purporting to be the animals and birds 
mentioned in said act, and large sums of money have 
been illegally obtained from the Commonwealth there- 
under ; therefore, — 

Section 1. Be it enacted, &c., That from and after 
the passage of this act, a reward or bounty shall be 
paid by this , Commonwealth for the killing, within 
the Commonwealth only, of the following noxious 
animals: For each wild cat, the sum of six dollars; 
for each fox, the sum of two dollars; for each 
weasel, the sum of one dollar, and for each mink, 
the sum of one dollar. 

Section 2. It shall be the duty of any person who, 
having killed within this Commonwealth one or more 
of the animals named in section one of this act, and 
being desirous of securing the reward or bounty named 
for such killing, as fixed by section one of this act, 
to produce such slain animal or animals, or the 
entire pelt thereof, before any game protector, or 
any justice of the peace or alderman or magistrate, 
within this Commonwealth, and to make affidavit that 
he or some member of his family, naming such per- 
son, killed the same — naming it — stating clearly the 
approximate time of such killing, and the fact that 



GAME, FISH AND FORESTRY LAWS. 



81 



the place where such animal was killed — naming it- 
was within the Commonwealth of Pennsylvania, and 
that such animal was not reared in captivity. 

(a) Upon the production of such animal or pelt, 
and the making of such aflSdavit before a game pro- 
tector, such official shall, in the presence of the party 
making such affidavit, split the skin of the face of 
the animal, from between the eyes through the end 
of the nose, and shall return the pelt or skin thus 
mutilated to the person presenting same ; and shall 
fill out, in the name of the party making such af- 
fidavit, a certificate, directed to the Secretary of the 
Board of Game Commissioners at Harrisburg, setting 
forth clearly the fact that the provisions of this act 
have been complied with ; giving the name of the 
animal killed, the name of the person killing it, 
the approximate time it was killed, and as nearly as 
possible the name of the place and county within 
the Commonwealth where it was thus killed ; and 
that such animal was not reared in captivity ; and 
the said game protector shall forward to the office 
of the Secretary of the Board of Game Commissioners 
at Harrisburg the certificate and the affidavit so 
taken by him. 

(b) Where the affidavit required by this act is made 
before a justice of the peace, or alderman, or magis- 
trate, such official shall include in one affidavit all 
claims for bounty that may be made by one person, at 
one time, not to exceed five, and shall receive, in 
full for services rendered, a fee of twenty-five cents, 
where but one animal is named in such affidavit. 
Where more than one animal is named in one af- 
fidavit, the fee shall be fifty cents: such fee in all 
cases to be paid by the claimant for bounty. The 
affidavit shall preferably be made upon forms to be 
provided by the Board of Game Commissioners on 
demand by any justice of the peace or alderman or 
magistrate within this Commonwealth ; and all af- 
fidavits of this character shall, in all cases, clearly 
set forth the name of the animal killed for which a 
bounty is claimed, the name of the person killing 
same, the approximate time when such animal was 
killed, and as nearly as possible the name of the 
place and county within this Commonwealth where 
same was killed, and that such animal was not reared 
in captivity. Upon the completion of such affidavit 
and the payment of the fee as above stated, the 



Action be- 
fore a game 
protector. 



Certificate. 



Contents. 



Action be- 
fore justice 
of the 
peace, alder 
man or 
magistrate. 

Fees. 



Affidavit. 



Duty of 
official. 



6 



82 



GAME, FISH AND FORESTRY LAWS. 



Duty of 11 
secretary. 



Requisitions. 



Bounty 
fund. 



Warrants 



justice of the peace, or alderman, or magistrate, shall 
deliver said affidavit, and skin or pelt brought be- 
fore him, to the claimant for bounty; who shall, as 
soon as may be, forward such affidavit and the skin 
or pelt of the animal or animals, for the killing of 
which a bounty is claimed and named in such af- 
fidavit, to the Secretary of the Board of Game Com- 
missioners at Harrisburg. It shall be the duty of 
the justice of the peace, or alderman, or magistrate, 
before whom any claim for bounty is made, to examine 
all skins or pelts presented to him, so that he may 
judge of the legality of the claim made; but such 
official shall not split the face of any such skin, or 
in any manner mutilate same. 

Section 3 . Upon the receipt of such affidavit or 
such certificate, or both, in proper form, the Secre- 
tary of the Board of Game Commissioners, being 
satisfied that the skins or pelts presented to him are 
the skins or pelts of animals for the killing of which 
a bounty is offered by this act, and that such claims 
are in all respects legitimate, shall return to the 
owner thereof all skins or pelts received by him ; 
and shall, at least once a month, draw his requisition 
upon the Auditor General, in favor of the persons 
named in said affidavits or certificates received by 
him, for the amount to which each claimant may be 
entitled, against the fund, hereinafter designated, 
paid into the State Treasury pursuant to the provi- 
sions of the act of April seventeenth, one thousand 
nine hundred and thirteen (Pamphlet Laws, eighty- 
five), from hunters' license fees, fines, and penalties 
collected under the provisions of said act; which, by 
section twelve thereof, are paid into the State 
Treasury, and kept "as a fund separate and apart, 
solely for the purpose of wild bird and game pro- 
tection, and for the purchase and propagation of game 
under the supervision of the Board of Game Com- 
missioners of the Commonwealth of Pennsylvania, 
and the payment of bounties under the provisions of 
law;" which part of said fund devoted to the payment 
of bounties, together with such other moneys as may, 
pursuant to other laws of this Commonwealth, be 
paid into the State Treasury for the payment of boun- 
ties, is hereinafter designated as "Fund for the pay- 
ment of bounties." 

Section 4. The Auditor General, upon presentation 
to him of the requisition of the secretary of the Board 



GAME, FISH AND FORESTKY LAWS. 



83 



of Game Commissioners _, shall draw his warrant upon 
the State Treasurer against the fund hereinafter desig- 
nated, received from the hunters' license fees, fines, 
and penalties, and other laws of this Commonwealth, 
as set out in the third section of this act of As- 
sembly, and hereinafter designated "fund for the 
payment of bounties." 

Section 5. Pursuant to section twelve of the act 
of April seventeenth, one thousand nine hundred and 
thirteen (Pamphlet Laws eighty-five), providing for < 
the licensing of hunters, which provides, "It being 
specifically provided that fifty per centum of any fund 
.returned to the State through or because of the pro- 
visions of this act, or so much of said fifty per cen- 
tum as may be needed, shall be applied by the Legis- 
lature at its biennial sessions to the payment of 
bounties" — one-half of the said sum hereafter re- 
ceived from all hunters' license fees, fines, and pen- 
alties, under the provisions of said act of Assembly, 
and all other fines and penalties set apart under any 
other laws of this Commonwealth for the payment 
of bounties, are hereby directed to be placed by the 
State Treasurer in a separate and special fund, to be 
designated and known as "fund for the payment of 
bounties :" and all of the moneys placed in said fund 
are declared to be available as soon as paid into the 
State Treasury, and are hereby specifically appro- 
priated for the payment of the bounties as provided 
by this act; and the Auditor General shall charge 
against the said fund all warrants drawn by him for 
the payment of bounties ; and the State Treasurer 
is directed to pay out of said fund all of the war- 
rants so drawn by the Auditor General; Provided, 
That the ofiice expenses, clerk hire, postage, et 
cetera, necessary to the performance of the extra du- 
ties imposed by this act upon the Board of Game 
Commissioners, shall be a charge against the fund 
created by this act, and shall be paid upon requisi- 
tion of the secretary of said board, in the same form 
and manner as requisitions for bounty are paid. 

Section 6. The gam« protectors of the Common- 
wealth of Pennsylvania are hereby authorized and em- 
powered to administer the oath necessary to the prov- 
ing of the claims made, as provided by the section two 
of this act, but no charge for administering such 
oath is to be made by any of said game protectors. 



T icense fees 
fines and 
iienalties. 



Fund for 
vnyment of 
bounties. 



Oaths. 



84 



GAME, FISH AND FORESTRY LAWS. 



Violations. 



Perjury. 
Penalty. 



Act of July 
£5, 1913. 
cited. 



Repeal. 



Section 7. No person shall at any time be paid 
a bounty for the killing of any animal named in this 
act, the front of the face of which is split before 
presentation to the persons authorized to take affi- 
davits under the provisions of this act; and no per- 
son shall at any time collect, or attempt to collect, 
a second bounty for the killing of any animal, under 
the provisions of this act; or shall attempt to collect 
such bounty through the presentation of the skin or 
carcass, or any part thereof, of an animal not named 
in this act, or through deception of any character; 
and it shall be unlawful for any person in this Com- 
monwealth to present, for the purpose of securing the 
bounty provided for by this act, the skin or carcass, 
or any part thereof, of an animal that has been 
reared in captivity, or the skin or carcass, or any 
part thereof, of any animal killed or captured out- 
side of this Commonwealth. Each and every person 
who shall wilfully or fraudulently collect, or attempt 
to collect, any reward or bounty provided for by this 
act, to which he or they are not legally entitled un- 
der the provisions of this act; or shall aid or abet 
or assist in any capacity, official or otherwise, in an 
attempt to defraud the State through the collection or 
payment of any reward or bounty provided for by this 
act, shall be guilty of a misdemeanor, and, upon 
conviction thereof, shall, in addition to the penalty 
that may be imposed for perjury where a false af- 
fidavit is made, be sentenced to pay to the Common- 
wealth of Pennsylvania a fine of not less than one 
hundred dollars or more than five hundred dollars ; 
or, in default of the payment thereof, with costs, 
shall suffer an imprisonment in the common jail of 
the county in which the affidavit is made, for a 
period of one day in jail for each dollar of fine im- 
posed and unpaid. 

Section 8. The act of July twenty-fifth, one thou- 
sand nine hundred and thirteen (Pamphlet Laws, one 
thousand and thirty -six), entitled "An act creating a 
reward or bounty for the destruction of certain 
noxious animals 'and birds killed within the Common- 
wealth of Pennsylvania ; providing a method for the 
payment of the same by the several counties of the 
Commonwealth, which in turn are to be reimbursed by 
the Commonwealth ; and providing penalties for vio- 
lation of its several provisions," is hereby repealed, 



GAME, FISH AND FORESTRY LAWS. 



85 



and all other acts, or parts of acts, inconsistent 
with this act, are also hereby repealed. 
Approved— The loth day of April, A. D. 1915. 
MARTIN G. BRUMBAUGH. 



AN ACT 

Providing for the establishment, regulation, and 
maintenance by the Board of Game Commissioners 
of State Game Preserves on the Forestry Reserva- 
tions and elsewhere, and providing penalties for 
violation of this act. 

Section 1. Be it enacted, &c.. That the word 
"game," as used in this act, shall include wild ani- 
mals and wild fowl of every kind protected by the 
laws of Pennsylvania. 

Section 2. The Board of Game Commissioners may 
establish and maintain State game-preserves, for the 
protection and propagation of game. Such State 
game-preserves may be located on the State forests, 
or may be upon land leased by the Board of Game 
Commissioners for that purpose. 

Section 3. If a State game-preserve is located on a 
State Forest, the consent of the Department of For- 
estry must be obtained therefor. 

Section 4. The State game-preserves shall be at all 
times subject to regulations established by the Board 
of Game Commissioners, under its agreement with 
the Department of Forestry. 

Section 5. Each State game-preserve upon a State 
forest shall be surrounded by a well-defined fire-line 
or clear strip of land, and by at least one wire at 
the boundary thereof. 

Section 6. On the boundary of each State game- 
preserve there shall be posted, in conspicuous places, 
notices bearing the following, "State Game Refuge: 
Hunting is Unlawful." 

Section 7. The greatest transverse dimension of 
any State game-preserve shall not exceed ten miles. 

Section 8. If the State game-preserve is on a State 
Forest, it must not exceed in area one-half of the 
total area of the forest on which it is located. 



Act April 
16, 1915. P. 
L. 135. 



Game-pre- 
serxes. 



"Game" de- 
fined. 



Gfime-pre- 
seVves. 



Consent of 
Department 
of Forestry. 

Eegulations. 



Fire-line. 
etc. 



Dimension. 
Area. 



GAME, FISH AND FORESTRY LAWS. 



Right of 
entry. 



Close, season. 



Unlawful 

hunting, 

etc. 



Right of 
entry. 



Open sea- 
son. 



Summary 
conviction. 



Fines. 



Additions. 
Fines. 



Section 9. Any citizen may go upon a State game- 
preserve, without fire-arms, at any time during what 
is known as the close season for game in Pennsyl- 
vania. For any purpose in compliance with the re- 
quirements of his respective official duties, and in any 
manner and at any time, and with or without fire- 
arms: (a) Any member or employe of the Depart- 
ment of Forestry may go upon any State game-pre- 
serve located on a State forest; and (b) any member 
or any .employe of the Board of Game Commissioners 
may go upon any State game-preserve wherever lo- 
cated. 

Section 10. Except as permitted by law in this 
State, it is unlawful to hunt for, or catch or kill or 
wound or drive, or attempt to catch or kill or wound 
or drive, any game within the limits of a State game- 
preserve. 

Section 11. Except as otherwise permitted in this 
act, it is unlawful for any person to carry fire-arms 
within the limit of a State game-preserve, or to take 
a dog of any kind upon a State game-preserve, or, 
during the open season for game in Pennsylvania, 
to go upon the State game -preserve, either with or 
without fire-arms. 

Section 12. Jurisdiction for summary conviction 
for violation of any of the provisions of this act is 
hereby specifically given to all aldermen, magistrates, 
and justices of the peace. 

Any person who shall be convicted summarily, by 
any alderman, magistrate, or justice of the peace of 
the county, of a violation of any of the provisions 
of this act, shall be sentenced to pay a fine as 
follows : — 

If the defendant has willfully violated any of the 
provisions of this act, but has not killed any game, 
nor resisted arrest, nor refused to go with the ar- 
resting officer, nor interfered with the arresting 
.officer, the fine shall be twenty -five dollars. 

In addtion to the foregoing fine, the defendant shall 
pay a fine as follows: — 

If the defendant has killed or wounded, or at- 
tempted to kill or wound, a deer, the fine shall be 
one hundred dollars. If the defendant has killed or 
wounded, or attempted to kill or wound, a bear, 
the fine shall be fifty dollars. If the defendant has 
killed or wounded, or attempted to kill or wound. 



GAME, FISH AND FORESTRY LAWS. 



87 



a game-bird of any kind, the fine shall be twenty-five 
dollars. If the defendant has resisted arrest for 
violation of the provisions of this act, or has refused 
to go with the officer making the arrest, or has in 
any maner interfered with the arresting ofiicer, the 
fine shall not be less than one hundred dollars. In 
default of payment of the fine, the defendant shall be 
sentenced to imprisonment at the rate of one day for 
each dollar of the fine and cost. 

The person convicted may appeal to the court of 
quarter sessions, upon allowance of a judge thereof, 
on cause shown. 

Section 13. If the prosecutor is a paid game-pro- 
tector, the fine shall be paid to the prosecutor, who 
shall forward it to the Secretary of the Game Com- 
mission, who shall pay it into the State Treasury, 
for the use of the Game Commission as hereinafter 
provided . 

Section 14. If the prosecutor is other than a paid 
game-protector, one-half of the fine shall go to the 
prosecutor, and shall be paid to him by the alder- 
man, magistrate, or justice receiving the same. The 
remaining half of the fine shall be forwarded within 
ten days to the Secretary of the Game Commission, 
who shall deposit it into the State Treasury. 

Section 15. Any person charged with the violation 
of any of the provisions of this act may, in his dis- 
cretion, sign an acknowledgment of the offense com- 
mitted, and pay to the duly authorized game-pro- 
tector or deputy game-protector the proper fine in 
full, with costs to date. He shall receive for money 
so paid a printed receipt, which shall in all instances 
bear the seal of the Board of Game Commissioners 
and the signature of the secretary of the Board. 
This receipt shall be evidence of a full satisfaction of 
the offense so committed. 

Section 16. Any person whose duty it is to protect 
the game of the Commonwealth, or any officer whose 
duty it is to preserve the peace of the Commonwealth, 
may arrest, without warrant, any person caught 
in the act of violating any provisions of this act, or 
in pursuit immediately following such violation ; and 
may seize all guns, shooting paraphernalia, dogs, 
boats, decoys, or other appliances used in violation 
of any provision of this act; and may seize all game 
found either in possession or under control of the 



Resisting 
arrest, etc 



Appeals. 



Payment of 
fines. 



Acknowledg 
ment of 
offense. 



Payment. 



Receipt. 



Arrest with- 
out war- 
rant. 



Seizures. 



GAME, FISH AND FORESTRY LAWS. 



Disposition 
of seizures. 



Forfeiture of 
game. 



Boats, guns, 
dogs, etc. 



Sale. 

Advertisinj 



Disposition 
of funds. 



When owner 
escapes ar- 
rest. 



Forfeiture. 



Sale. 



suspected person, within this Commonwealth. All 
birds and animals, or parts thereof, not classed as 
game in this Commonwealth, thus seized, shall be 
held subject to the order of the Board of Game Com- 
missioners. All guns, boats, decoys, dogs, game, 
and shooting paraphernalia, seized when such arrest 
is made, shall be held subject to the determination 
of the proceedings instituted. Where the party ac- 
cused is convicted, all game seized shall be forfeited 
to the Commonwealth, and as soon as may be shall 
be forwarded to the most convenient hospital, or to 
a hospital designated by the Secretary of the Game 
Commission, for the use of the sick or injured there- 
in. Unless the fine and costs are paid, all such 
seized guns, boats, decoys, dogs and shooting para- 
phernalia shall be sold at- public auction, after ad- 
vertising the same for five days, by at least five pub- 
lic handbills conspicuously posted in the city, borough, 
or township wherein the conviction was secured. 
The sale shall be held by or under the authority of 
the proper alderman, magistrate, or justice. The 
cost of such advertiseing shall be part of the costs 
of prosecution, and shall be collected as such. Any 
fund thus arising shall be applied first to the payment 
of the costs of prosecution, then to the payment of the 
fine imposed. The remainder, if any, shall be re- 
turned to the owner of the property seized. Where 
game, dogs, boats, decoys, or shooting paraphernalia 
of any description shall be seized, and the owner 
thereof escapes arrest, and refuses to present himself 
and make claim to the property, all such game, after 
the lapse of three days after the seizure, shall be 
forfeited to the Commonwealth, and shall be sent 
to the most convenient hospital, for the purpose be- 
fore indicated in this section. All guns, dogs, boats, 
decoys, and other shooting paraphernalia thus seized 
shall be held for a period of ten days ; after which 
time, if the owner thereof fail to appear and defend 
himself against the charges made, such property shall 
be sold in the manner prescribed for the sale of seized 
property after conviction. The fund arising from such 
sale shall be applied as in the case of the sale after 
conviction. The fact that imprisonment is suffered 
by any person convicted of violating any provisions 
of this act shall not prevent the sale of guns, dogs, 
boats, decoys, or other shooting paraphernalia of 



GAME, FISH AND FORESTRY LAWS. 

any description, held as the property of the impris- 
oned party, and the application of the fund thus 
realized to the payment of the costs and the fine im- 
posed . 

Section 17. All fines collected for violation of any 
of the provisions of this act shall be paid to the 
State Treasurer, as hereinbefore designated, who 
shall keep the moneys thus collected as a fund sep- Separate 
arate and apart, solely for the purpose of wild bird ^'^"'"<i- 
and game protection and for the purchase and propa- 
gation of game under the supervision of the Board 
of Game Commissioners. The several purposes to 
which the fund shall be applied shall be clearly desig- 
nated by act of Assembly. 

Section 18. The following acts are hereby totally Acts re- 
repealed:— i'^^^«^ 

1. The act approved the eleventh day of May, one May ii. 
thousand nine hundred five, entitled "An act author- 1905. 
izing the Board of Game Commissioners of the Com- 
monwealth of Pennsylvania to establish and main- 
tain, within the forestry reservation of this Com- 
monwealth, preserves for the protection and propa- 
gation of deer, wild-turkey, partridge, quail, wood- 
cock, and wild-pigeons, and making an appropria- 
tion for the purpose of stocking and propagating the 



1911. 



2. The act approved the fifteenth day of April, one April ic, 
thousand nine hundred seven, entitled "An act giving -^^"'• 
additional protection to the game of the State and 

wild birds, within the limits of 'preserves' created 
under the provisions of the act of May eleventh, one 
thousand nine hundred and five, and under the control 
of the Board of Game Commissioners, and prescrib- 
ing penalties for violation of its several provisions." 

3. The act approved the fifteenth day of June, one June is, 
thousand nine hundred eleven, entitled "An act to 
amend section one, and extend the provisions, of an 
act, entitled 'An act giving additional protection to 
the game of the State and wild birds within the 
limits of "preserves," created under the provisions 
of the act of May eleventh, one thousand nine hun- 
dred and five, under the control of the Board of 
Game Commissioners, and prescribing penalties for 
violation of its several provisions,' approved the 
fifteenth day of April, Anno Domini one thousand nine 
hundred and seven." 

Approved— The 16th day of April, A. D. 1915. 

MARTIN G. BRUMBAUGH. 



90 



GAME, FISH AND FORESTRY LAWS. 



Act April 
21, 1915, 
P. L. 156. 



Forestry, 
fish and 
gamp la^A': 



Duty of 
forest 
rangers, 
game pro- 
tectors, and 
fish wardeiis. 



Prosecutions. 



Powers of 

officers 

extended. 



Repeal. 



AN ACT 

Extending the powers and duties of foresters, forest 
rangers, game protectors, deputy game protectors, 
special deputy game protectors, fish-wardens, and 
deputy fish- wardens of this Commonwealth. 

Section 1. Be it enacted, &c., That from and after 
the approval of this act, it shall be the duty of each 
forester and forest ranger in this Commonwealth 
to enforce all the laws relating to forestry, fish, and 
game: it shall be the duty of every game protector, 
deputy game protector, or special deputy game pro- 
tector, commissioned in this Commonwealth, to en- 
force all the laws relating to fish, game, and forestry; 
it shall be the duty of every fish-warden or deputy 
fish-warden, commissioned ^'n this Commonwealth, to 
enforce all the laws relat'ng to game, fish, and for- 
estry, under the direction of that department or com- 
mission into whose special care the interest of these 
several subjects have been entrusted, namely: All 
prosecutions for violation of laws relating to forestry 
shall be brought under the direction of the Department 
of Forestry ; all prosecutions for violation of the fish 
laws shall be brought under the direction of the De- 
partment of Fisheries ; and all prosecutions for viola- 
tion of the game laws shall be brought under the di- 
rection of the Board of Game CommiSvSioners ; and, 
to that end, the powers of all the ofiicers aforesaid are 
hereby extended in such a way as to give them full 
authority to carry out the purposes of this act. 

Section 2. All acts or parts of acts inconsistent 
with this act, in so far as they relate to the various 
subjects and conditions considered by this act, and 
specifically changed by its provisions, are hereby re- 
pealed . 

Approved— The 21st day of April, A. D. 1915. 

MARTIN G. BRUMBAUGH. 



GAME, FISH AND FORESTRY LAWS. 



91 



AN ACT 

To provide for the better protection and preservation 
of game, game-quadrupeds, and game-birds in Penn- 
sylvania, and prescribing penalties for violation of 
its several provisions. 

Section 1. Be it enacted, &c., That whenever, be- 
cause of a violation of any provisions of this act, a 
person shall be convicted for a first offense and a pen- 
alty be imposed, and the defendant shall neglect or re- 
fuse to immediately pay said amount, together with 
the cost of prosecution, in lawful money of the 
United States, he shall at once be committed to the 
common jail of the county for a period of one day 
for each dollar of penalty imposed, unless he shall 
enter into good and sufficient recognizance to pay 
said penalty and costs within a period of ten days 
after the date of his said conviction, or shall cer- 
tiorari the proceedings, or shall carry the case to a 
higher court on appeal, as provided for in this act. 

For the second or any other offense after the first 
offense the defendant shall, upon conviction, in addi- 
tion to the penalty prescribed for the first offense, 
suffer an imprisonment of one day in jail for each 
dollar of penalty imposed: Provided, That in every 
case of a conviction for violation of any provision of 
this act, wherein a defendant suffers imprisonment 
in lieu of a cash payment of the penalty imposed, all 
traps, guns, shooting paraphernalia, boats, decoys, 
and other appliances used in violation of the law, 
and found or proven to have been either in possession 
or under control of the defendant at the time of 
such violation, shall be, and the are hereby, declared 
forfeited to the Commonwealth of Pennsylvania, and 
shall be sold under the direction of the Board of Game 
Commissioners ; and the money thus secured be ap- 
plied by them, first, to the payment of the cost in- 
curred, and the balance be deposited with the State 
Treasurer, to be held in a fund separate and apart, 
solely for the purpose of game and wild bird pro- 
tection and propagation ; the defendant being entitled 
to a credit of one day off his imprisonment for each 
dollar so deposited, for the first offense only. 



Act April 
21st. 1915. 
P. L. 146. 



Game. 
Violations. 
First offense. 



Penalty. 
Bail. 



Second or 

other 

offense. 



Proviso. 



Forfeiture. 



92 



GAME, FISH AND FORESTRY LAWS 



Hunting or 
shooting at 
or chasing 
game on 
Sunday 
prohibited. 

Open 
seasons. 

Wild turkey, 
grouse, 
pheasant, 
quail, etc. 



Bear. 



Deer. 



Unlawful 
sale or 
possession. 



Proviso. 



Killing 
game raised 
in private 
preserves. 



Section 2. There shall be no hunting for or shoot- 
ing at or chasing of game upon the first day of the 
week, commonly called Sunday. Each and every per- 
son violating any provision of this section shall, upon 
conviction, be liable to a penalty of twenty-five dol- 
lars for each and every offense. 

Section 3. That from and after the passage of 
this act, the open season for the wild-turkey; ruffed- 
grouse, commonly called pheasant; Virginia partridge, 
commonly called quail; woodcock, rink-necked pheas- 
ants, Hungarian quail, and the birds commonly called 
blackbirds ; the g^'ay, black and fox squirrel shall be 
from the fifteenth day of October to the thirtieth day 
of November ; the wild rabbit and the hare shall be 
from the first day of November to the thirtieth day 
of November, both days inclusive. 

The open season for raccoon shall be from the fif- 
teenth day of October to the thirty-first day of De- 
cember, both days inclusive. 

The open season for bear shall be from the fifteenth 
day of October to the fifteenth day of December next 
following, both days inclusive. 

The open season for deer shall be from the first day 
of December to the fifteenth day of December next fol- 
lowing, both days inclusive. 

Section 4. It shall be unlawful to sell or offer 
for sale, or have in possession for sale, any elk or 
deer,. or wild rabbit or hare, or gray or black or fox 
squirrel, or any part of such animals, that have been 
caught, taken, or killed in a wild state in this Com- 
monwealth ; or to sell or offer for sale, or have in pos- 
session for sale, any wild-turkey or ruffed-grouse, com- 
monly called pheasant, or any Virginia partridge, 
commonly called quail, or any woodcock, killed either 
within or outside of this Commonwealth; or to sell 
or offer for sale, or have possession for sale, any ring- 
necked pheasant or Hungarian quail, killed in this 
Commonwealth in a wild state: Provided, however. 
That ring-necked pheasants, raised strictly in cap- 
tivity, may be killed by the owners thereof, without 
regard to numbers, during the open season for such 
birds in this Commonwealth; and that deer or elk, or 
Belgian or German hare, or any ring-necked pheas- 
ant, raised strictly in captivity, and killed within 
such place of confinement without being released in 
the Commonwealth at large, may be killed at any 



GAME, FISH AND FORESTRY LAWS. 



93 



time, regardless of sex or age, and may be sold 
within the Commonwealth at any time, either dead 
or alive, under the rules and regulations regarding 
the marking and tagging of game as now fixed by 
law relating to game raised in private preserves. 

Section 5. That it shall be unlawful for any per- 
son to kill in one day more than one wild-turkey or 
more than five ruffed-grouse, or more than eight Vir- 
ginia partridges, commonly called quail, or more than 
ten woodcock, or more than four ring-neck pheasants, 
or more than four Hungarian quail, or more than one 
bear, or more than six squirrels of the combined kinds 
mentioned in section three of this act, or more than 
ten wild rabbits, or more than three hare; or to kill 
in any one week, considering the week to begin on 
Monday morning and ending Saturday night, more 
than one wild-turkey, or more than twenty ruffed- 
grouse, or more than twenty-five Virginia partridges, 
commonly called quail, or more than twenty wood- 
cock, or more than ten ring-necked pheasants, or more 
than ten Hungarian quail, or more than one bear, or 
more than twenty of the combined kinds of squirrels 
named in section three of this act, or more than thirty 
wild rabbits, or more than fifteen hares: or to kill 
in any one season more than two wild-turkeys, or 
more than thirty ruffed-grouse, or more than forty 
Virginia partridges, commonly called quail, or more 
than thirty woodcock, or more than twenty wild ring- 
necked pheasants, or more than twenty Hungarian 
quail, or more than forty squirrels of the combined 
kinds named in section three of this act, or more 
than one bear, or more than sixty wild rabbits, or 
more than thirty hare, or more than one deer, which 
in every instance shall be a male deer, with horns or 
antlers extending not less than two inches above the 
hair ; and it shall be unlawful for any person at any 
time to shoot or wound or kill, or to attempt to 
wound or kill, a female deer or fawn, found in a wild 
state in this Commonwealth: Provided, That when it 
is proven to the satisfaction of the Board of Game 
Commissioners, that either deer or elk or rabbits are 
excessively destroying property, and thereby becom- 
ing a nuisance in any section of the State, the said 
Board of Game Commissioners shall have authority 
to at any time remove said animals from that neigh- 
borhood, or to have the same killed, as the case may 
require. 



Limitation 
of number. 



Day. 



Week. 



Unlawful 
to shoot 
at a doe 
or fawn at 
any time. 



Removal of 
game when 
destroying' 
property. 



94 



GAME, FISH AND FORESTRY LAWS. 



Quadrupeds 
or birds. 



Pf-'iialty. 

Sq. rrels, 

ra!)bits, 

hare, 

TMCCOOn. 

I'enalty. 



Sale of or 
possession. 



Penalty. 



Bear. 
Penalty. 

Game-birds. 



Section 6. Except as provided for by the laws of 
this Commonwealth relating to the taking of quad- 
rupeds and birds, under the authority of the Board 
of Game Commissioners, either by certificate or other- 
wise, each and every person taking or killing or 
wounding, or attempting to take, kill, or wound, 
any quadruped or bird given protection by this act, 
at a time other than that time fixed by this act as 
the open season for such quadruped or bird, or that 
may be of a kind the killing of which is not specific- 
ally permitted by this act, or that may be killed in 
excess of the number permitted by this act, or that 
may be had in possession or be disposed of contrary 
to the provisions of this act, shall, upon conviction, 
be liable to a penalty of one hundred dollars for each 
deer taken, killed or wounded, or attempted to be 
taken, killed or wounded", contrary to the provisions 
of this act. Each and every person violating any 
provision of this act relating to the taking of squir- 
rels or rabbits, or hare or raccoon, in this State, 
shall, upon conviction, be liable to a penalty of ten 
dollars for each squirrel or rabbit, or hare or raccoon, 
so taken, killed or wounded, or attempted to be so 
taken, killed or wounded; and each person who shall 
sdl or attempt to sell, or have in possession for sale, 
an elk or deer, or wild rabbit or hare, or squirrel, 
or part thereof, killed in a wild state in this Com- 
monwealth, shall be liable to a penalty of two hun- 
dred dollars for each elk, and one hundred dollars 
for each deer, and ten dollars for each rabbit or 
hare or squirrel, or part thereof, so sold, offered 
for sale, or had in possession for sale; and twenty- 
five dollars for each wild-turkey, ruffed-grouse, com- 
monly called pheasant, Virginia partridge, com- 
monly called quail, or woodcock, killed either within 
or outside of this Commonwealth ; and twenty-five 
dollars for each ring-necked pheasant or Hungarian 
quail, killed in a wild state within this Common- 
wealth, sold, offered for sale, or had in possession 
for sale. Each and every person who shall take, 
kill or wound, or attempt to take, kill or wound, 
a bear, contrary to the provisions of this act, shall 
be liable to a penalty of fifty dollars; and each and 
every person who shall take, kill or wound, or at- 
tempt to take, kill or wound, a game-bird given pro- 
tection by this act, at any time except during that 



GAME, FISH AND FORESTRY LAWS. 



95 



time fixed as the open season for such game-bird by 
this act ; or who shall take or kill such birds in excess 
of the daily, weekly, or yearly limit fixed for such 
birds by this act, shall be liable to a penalty of 
twenty-five dollars for each bird taken, killed, 
wounded, or attempted to be taken, killed or wounded, 
contrary to any provision of this act. 

Section 7. It shall be unlawful for any person in 
this Commonwealth to kill game of any description 
for wages or hire, or in evasion of this provision; and, 
to that end, it shall be unlawful for any person act- 
ing as a guide to deliver, or in any manner cause to 
be delivered, to the benefit of his employer, game of 
any description killed in this Commonwealth ; or for 
the employer of a guide to receive game, of any de- 
scription, killed by such guide while in his employ. 
Each and every person who, acting as a guide, shall 
violate any provision of this section, shall be liable 
to a penalty of one hundred dollars for each deer, 
and twenty-five dollars for each game-bird, and ten 
dollars for each rabbit or hare or squirrel, he may 
kill and apply to the benefit of his employer ; and each 
employer accepting game of any description, killed 
by a person employed as a guide, shall be liable to a 
penalty of one hundred dollars for each deer, and 
twenty-five dollars for each game-bird and ten dollars 
for each rabbit or hare or squirrel, he may thus re- 
ceive . 

Section 8. It shall be unlawful for any person in 
this Commonwealth to ship game of any description 
by parcel post, or to ship by express, or as freight or 
baggage, or by common carrier of any description, 
any bird or animal, or part thereof, commonly known 
as game, killed in this Commonwealth ; or for any 
common carrier in this Commonwealth to transport 
game of any kind, from one county to another county 
in this Commonwealth, excepting where such game 
is accompanied by the owner thereof, or is carried 
upon the same train with such owner ; and, where such 
game is of a kind commonly known as small game, 
the same shall be carried upon the person, or openly 
as hand-baggage, without cover, in such manner as 
to be easily seen and inspected ; or, when carried in 
baggage or boxed for shipment, each package or box, 
or receptacle of any description, containing game, 
shall haye attached thereto a card bearing in English 



Penalty. 



Hunting, 
for wages 
or hire. 



Guides not. 
to kill 
game for 
employer. 



Penalty. 



Employer 
not to 
receive 
game frona 
guides. 

Penalty. 



Shipment 
of game. 



Common 
carriers. 

Owner must 

accompany 

game. 

Small game 
must be 
carried 
openly. 

Marking 
when In 
baggage. 



96 



GAME, FISH AND FORESTRY LAWS, 



Tagging. 



Large 

game must 
be tagged. 



Parts of 
large game 
to be 
tagged. 



Transporta- 
tion. 



Violations. 
Penalty. 



Ferrets. 



Breeders 
and owners 
to secure 
License. 



Tiolation. 

PertRltT. 



the name of the person owning same, with the place 
of his residence, the name of the county wherein 
same was killed, and the number of each species of 
small game-birds or animals contained in said pack- 
age. 

Where the game shipped is of the kind commonly 
known as large game, the carcass shall in all in- 
stances have attached a card, bearing the name and 
and address of the owner, with the name of the 
county wherein same was killed. Where large game 
is cut up for shipment, each division thereof shipped 
uncovered, and each package of every description 
containing any part of such game, shall have attached 
a card, bearing in English the name of the owner of 
such game, with his home address, and the char- 
acter of the contents of such package, so that such 
contents may be determined by an outside inspec- 
tion of such package. 

Each and every person who shall transport, or at- 
tempt to transport, a game animal or game-bird of 
any description, or part thereof, contrary to any pro- 
vision of this section, shall be liable to a penalty equal 
in amount to the penalty imposed by this act for the 
killing such animal or bird during the close season ; 
and each and every person, acting for himself or for 
another, or as the agent of a common carrier, who 
shall knowingly or negligently receive game for trans- 
portation contrary to the provisions of this act, shall 
be liable to a penalty of twenty-five dollars for each 
offense . 

Section 9. That from and after the passage of this 
act, it shall be unlawful for any person in this Com- 
monwealth to breed o, sell ferrets, or in any manner 
to offer to sell ferrets, or to have stfch animals in pos- 
session, except by virtue of a license to be issued by 
the Board of Game Commissioners of this Common- 
wealth ; which said license may be issued by the Board 
of Game Commissioners, upon application made by 
any person, and the payment of twenty-five dollars 
upon the part of a breeder Or or dealer in ferrets, and 
one dollar upon the part of such person as may desire 
to own a ferret without breeding same. Each and 
every person violating any provisions of this section 
shall, upon conviction, be liable to a penalty of 
twenty-five dollars for each ferret bred for sale, sold, 
or in any manner offered for sale or had in possession. 



GAME, FISH AND FORESTRY LAWS. 



97 



contrary to the provisions of this section. Each and 
every ferret found in possession of any person in this 
Commonwealth contrary to the provisions of this sec- 
tion shall, upon conviction of such person or his 
acknowledgment of guilt, be immediately destroyed 
by any officer of the State whose duty it is to pro- 
tect the game and wild birds of this Commonwealth ; 
and it shall be the right of any citizen of the Com- 
monwealth to kill a ferret when found at large and 
beyond the control of its owner. 

' Section 10. It shall be unlawful for any person in 
this Commonwealth to take or kill or wound, or to 
attempt to take or kill or wound, any game-bird pro- 
tected by this act, or any deer or bear or rabbit or 
hare or squirrel, except through the use of a gun 
held in the hands of the hunter: Provided, That as 
a protection to growing crops, vegetables, and fruit- 
trees, rabbits may be killed by the owner or lessee of 
lands, or by the employe of such owner or lessee, upon 
which lands such animals may be committing depre- 
dations, at any time and in such manner as may be 
best suited to secure the desired end: Provided also. 
That it shall be lawful to use steel traps, not to 
exceed in size a standard No. 3, in this Common- 
wealth, for the purpose of taking wildcats, and other 
wild animals classed as vermin, so long as such traps 
are not set where rabbits and other protected game 
may be caught in such traps. 

Each and every person violating any provision of 
this section shall, upon conviction, be liable to a 
penalty of one hundred dollars for each deer, and 
fifty dollars for each bear, and ten dollars for each 
rabbit or hare or squirrel, and twenty -five dollars for 
each game-bird, killed or wounded, or attempted to 
be killed or wounded, contrary to the provisions of 
this section . 

Section 11. Each and every magistrate, justice of 
the peace, and alderman within this Commonwealth 
shall have the power of summary conviction in mat- 
ters pertaining to violation of any of the provisions 
of this act. All actions for violations of any of the 
provisions of this act, except where the defendant 
is taken in the act of violating the law or in a pur- 
suit immediately following such violation, shall be 
commenced by affidavit made within two years after 
the date of such violation ; and any magistrate, justice 



Unlnwful 
hunting. 



Proviso. 

Kabbits 
may be 
killed when 
destroying 
property. 

Proviso. 

Traps for 

taking 

vermin. 



Violations. 
Penalty. 



Power of 
summary 
conviction. 



GAME, FISH AND FORESTRY LAWS, 



Hearing. 



Penalties, 
disposition 
of. 



Statements, 



Separate 
fund. 



of the peace, or alderman in this Commonwealth, oa 
complaint made before him, by affidavit, by one op 
more persons, of a violation of any of the provisions 
of this act by any person, is hereby authorized and 
required to issue his warrant, under his hand and 
seal, directed to any constable, police officer, game 
protector, or any officer of the Commonwealth whose 
duty it is to protect the game and wild birds of the 
Commonwealth, and cause such person to be brought 
before him, such magistrate, justice of the peace (^r 
alderman, who shall hear the evidence and determine 
the guilt or innocence of the person accused ; and if 
such person be convicted of the offense charged he 
shall be sentenced to pay the full penalty prescribed 
by the section violated, together with the costs of 
prosecution. All penalties thus recovered, in cases 
where the prosecutor is a salaried officer of the Com- 
monwealth, shall be immediately surrendered by the 
court receiving the same to the prosecutor, who in 
turn, as soon as may be, shall forward or deliver 
such amount in full to the secretary of the Board of 
Game Commissioners, at Harrisburg. Where any 
citizen of the Commonwealth, other than a salaried 
officer, is the prosecutor, one-half of any penalty thus 
collected shall be paid to such prosecutor by the court 
receiving the same ; and the remaining one-half shall 
be, as soon as the case is fully determined before 
him, forwarded by such magistrate, justice of the 
peace, or alderman to the secretary of the Board of 
Game Commissioners, at Harrisburg, together with a 
statement of the cause for which such money shall 
have been collected, the cost of which statement is 
hereby fixed at fifty cents and made a part of the 
costs of prosecution ; and it shall be the duty of said 
secretary of the Board of Game Commissioners to, 
at least once a month, make return of moneys thus 
collected to the State Treasurer, who shall keep the 
moneys thus collected as a fund separate and apart, 
solely for the purpose of wild bird and game pro- 
tection, and for the purchase and propagation of 
game under the supervision of the Board of Game 
Commissioners of the Commonwealth of Pennsyl- 
vania, and for the payment of bounties under the 
provisions of law. The several purposes to which 
the fund so received by the State Treasurer shall be 
applied to be clearly designated by an act of tke 



GAME, FISH AND FORESTRY LAWS. 



Legislature, either in the general appropriation act 
or by separate appropriation for the payment _ of 
bounties. Either the prosecutor or defendant, being 
dissatisfied with the finding of the magistrate ,_ justice 
of the peace, or alderman, in a trial for a violation 
of any provision of this act, shall be entitled to an 
appeal under the provisions of section fourteen of 
article five of the Constitution, and the laws of Penn- 
sylvania relating thereto ; which said court, on the 
conviction of the defendant of such offense, and his 
failure to pay the penalty in full imposed by this 
act, together with the costs of prosecution, shall com- 
mit such defendant to the common jail of the county 
for one day for each dollar of penalty imposed: Pro- 
vided, That any person caught in the act, or charged 
with a violation of any provisions of this act, may, 
at his discretion, either before or after the bringing 
of the suit, sign an acknowledgment of the offense com- 
mitted, and pay to any duly authorized game pro- 
tector or deputy game protector the penalty in full, 
as fixed by the section violated, together with costs, 
if any, to date; and the receipt which he shall re- 
ceive therefrom, and which in all instances shall bear 
the imprint of the seal of the Board of Game Commis- 
sioners and the signature of its Secretary, shall be 
evidence of full satisfaction of the offense committed. 

Section 12. All acts or parts of acts inconsistent 
with the provisions of this act, in so far as they re- 
late to the various subjects and conditions considered 
by this act and specifically changed by its provisions, 
are hereby repealed. 

Approved— The 21st day of April, A. D. 1915. 

MARTIN G. BRUMBAUGH. 



Appeals. 



Penalty. 



Acknow- 
ledgement 
of r-ffeuse.. 



Repeal. 



AN ACT 



Authorizing the Governor of the Commonwealth of Act May 
Pennsylvania, through proclamation, to close any ]^^^^ ^?i^- 
county or counties, or any section of any county of "' 
Pennsylvania, to hunting or fishing, or to close any 
stream or parts of streams to fishing, when such 
action is necessary to conserve either the health or 
welfare of our people or our natural resources. 

Section 1. Be it enacted, &c.. That from and after Executive 
the passage of this act, the Governor of Pennsyl- ?XLma° 
vania shaU have authority, through proclamation, tion. 



100 



GAME, FISH AND FORESTRY LAWS. 



Closure of 
pounty or 
counties, or 
i;art thereof 
to hunting 
or fishing 
etc. 

ClOvSure of 
streams to 
fishing. 

Violations, 



Fenalty. 



Repeal. 



to close, for a period not to exceed one season at one 
time, any county or counties, or any section of any 
county, of this Commonwealth, to either hunting or 
fishing, or to close any stream or part of streams to 
fishing, because of excessive drouth and consequent 
danger from forest fires, low water, and the presence 
of contagious or infectious diseases, when such action 
may be necessary to conserve either the health or 
welfare of our people or our natural resources. 

Section 2. Each and every person wilfully violating 
any provisions of such proclamation shall be guilty of 
a misdemeanor, and upon conviction shall be liable to 
a penalty of not less than twenty-five dollars or more 
than one hundred dollars, or to imprisonment for not 
more than one year, both or either, as in the opinion 
of the court hearing the case may appear necessary. 

Section 3. All acts or parts of acts inconsistent 
with the provisions of this act are hereby repealed. 

Approved— The 14th day of May, A. D. 1915. 

MARTIN G. BRUMBAUGH. 



Act June 
1. 1915, 
P. L. 644. 



AN ACT 

To give additional protection to wild birds and ani- 
mals and game within the Commonwealth of Penn- 
sylvania ; prohibiting the hunting for, or capture or 
killing, of such wild birds or animals or game by 
unnaturalized foreign-born residents ; forbidding the 
ownership or possession of dogs by any unnaturalized 
foreign-born resident within the Commonwealth; 
and prescribing penalties for violation of its pro- 



wild birds 
and animals 
and game. 

Hunting for, 
etc., by 
unnatural- 
ized foreign- 
born 
residents. 

Possession 
or owning 
of dog 
prohibited. 

Violation. 



Section 1. Be it enacted, &c., That it shall be un- 
lawful for any unnaturalized foreign-born resident to 
hunt for, or capture or kill, in this Commonwealth, 
any wild bird or animal, either game or otherwise, of 
any description, excepting in defense of person or 
property; and, to that end, it shaU be unlawful for 
any unnaturalized foreign-born resident, within this 
Commonwealth, to either own or be possessed of a dog 
of any kind. Each person violating any provision of 
this section shall, upon conviction thereof, be sen- 
tenced to pay a fine of twenty-five dollars for each of- 
fense, or undergo imprisonment in the common jail 



GAME, FISH AND FORESTRY LAWS 



101 



of the county for the period of one day for each dollar 
of fine and cost. In addition to the before-named 
fine, all dogs of the before-mentioned kinds found in 
possession or under control of an unnaturalized for- 
eign-born resident, shall, upon conviction of such per- 
son, or upon his signing a declaration of guilt as pre- 
scribed by this act, be declared forfeited to the Com- 
monwealth of Pennsylvania ; and shall be either killed 
in a humane manner and disposed of by the officer 
making the complaint, at the cost of the owner, or 
shall be turned over to the nearest agent of the society 
for the prevention of cruelty to animals, to be put to 
death in a humane manner. 

Section 2. For the purposes of this act, any un- 
naturalized foreign-born person who shall reside or 
live within the boundaries of the Commonwealth of 
Pennsylvania for ten consecutive days shall be consid- 
ered a resident, and shall be liable to the penalties im- 
posed for violation of the provisions of this act. 

Section 3. The possession of a dog at any place 
outside of buildings, within this Commonwealth, by 
an unnaturalized foreign-born resident, shall be con- 
clusive proof of a violation of the provisions of section 
one of this act, and shall render any person con- 
victed thereof liable to the fine as fixed by said sec- 
tion. 

Section 4. The presence of a dog in a room or house 
or building or tent or camp, of any description, within 
this Commonwealth, occupied or controlled by an un- 
naturalized foreign-born resident, shall be prima facie 
evidence that such dog is owned or controlled by the 
person occupying or controlling the property in which 
such dog is found, and shall render such person liable 
to the fine imposed .by section one of this act. 

Section 5. Notice of the seizure of all dogs made for 
violation of any provisions of section one of this act 
shall be sent to the Board of Game Commissioners, at 
Harrisburg, by the officer making such seizure, im- 
mediately after the final verdict in any prosecution 
brought for violation of said provisions, or upon the 
signing of the acknowledgment of guilt as herein- 
after provided : and the dog so seized shall be either 
killed in a humane manner and disposed of by the of- 
ficer making the complaint, at the cost of the owner. 



Penalty. 



Forfeiture 
of dogs. 



Resident. 

Possession 
of a dog 
outside 
buildings. 

Violation. 
Fine. 

Presence of 
dog in 
room, liouse, 
tent, camp, 
etc. 



Violation. 
Fine. 



Seizure 
of dogs. 



102 



GAME, FISH AND FORESTRY LAWS. 



Sunday 
niTPsts. 



Power of 
s'.immary 
conviction. 



Warrants. 
Hearing. 

Sentence. 



Disposition 
of fines. 



or shall be turned over to the nearest agent of the so- 
ciety for the prevention of cruelty to animals, to be 
put to death in a humane manner. 

Section 6. All duly appointed and sworn officers 
of the Board of Game Commissioners of this Common- 
wealth, and all constables, police officers, members of 
the State constabulary, forestry-wardens, fish- ward- 
ens, and all peace officers of the Commonwealth, shall 
arrest, without warrant, any person whom they have 
good reasons to suspect as belonging to the class of 
unnaturalized foreign-born residents, when they find 
such person with dogs in their possession within the 
Commonwealth of Pennsylvania. Such arrests may 
also be made upon Sunday, in which case the person 
or persons, so arrested, for safe-keeping may be com- 
mitted to the jail or lock-up for that day, but shall be 
taken before the proper magistrate and proceeded 
against on a week-day following the arrest. 

Section 7. Each magistrate, alderman, and justice 
of the peace within this Commonwealth shall have the 
power of summary conviction pertaining to the vio- 
lation of any of the provisions of this act. All actions 
for violation of any of the provisions hereinbefore- 
mentioned, excepting where the defendant is taken 
in the act, or in a pursuit immediately following the 
act, shall be commenced within one year of the time 
of such violation. Each magistrate, alderman, and 
justice of the peace, on complaint made before him, 
on affidavit of any person, of a violation of the pro- 
visions of this act by any person, shall issue his war- 
rant, under his hand and official seal, directed to any 
constable, police officer, game protector, fish warden, 
or any other officer of the State known as a police 
officer and authorized to serve warrants, and cause 
such person to be brought before such magistrate, 
alderman, or justice of the peace, who shall hear the 
evidence and determine the guilt or innocence of the 
party charged. If the accused be convicted of such 
offense, he shall be sentenced to pay the fine pre- 
scribed by the section violated, and to pay all costs of 
prosecution. All fines collected in cases where the 
prosecutor is a paid officer of the Commonwealth 
shall be immediately surrendered by the court re- 
ceiving the same to such prosecutor, who in turn 
shall, as soon as may be, forward or deliver such 
amount in full to the secretary of the Board of Game 
Commissioners, who shall at once deposit the same 



GAME, FISH AND FORESTRY LAWS. 



103 



in the State Treasury, where it shall be kept separate 
and apart as a part of a fund to be used soleiy for 
the protection and propagation of game under the 
direction of the Board of Game Commissioners. 
Where any other than a paid officer of the Common- 
wealth is the prosecutor, one-half of any fine thus 
collected shall belong to said prosecutor, and be paid 
to him. The remaining one-half shall be forthwith 
forwarded to the secretary of the Gome Commission 
at Harrisburg, together with a statement of the cause 
for which said money shall have been collected. The 
cost of which statement- is hereby fixed as fifty cents, 
and made a part of the costs of prosecution. It 
shall be the duty of the Board of Game Commissioners 
to keep a record of the cases for which said money 
was collected, and to deliver the fund thus arising, 
at least once a month, to the State Treasurer, who 
shall keep it sep.^rate and apart as a part of a fund 
to be used solely for the protection and propagation 
of game under the direction of the Board of Game 
Commissioners. Any defendant refusing to pay such 
fine, with the costs of prosecution, shall be com- 
mitted to the common jail of the county, for a period 
of one day for each dollar of fine imposed, unless he 
shall enter a good and sufficient recognizance, with 
one or more sureties, to pay such fine within ten 
days, or to answer such complaint, upon the charge 
of misdemeanor, before the court of quarter sessions 
of the peace, county in which the offense was com- 
mitted. Such court, upon conviction of the defendant 
of such offense, on his failure to pay the fine imposed, 
together with the costs of prosecution, shall commit 
such defendant to the common jail of the county, for 
a period of one day for each dollar of fine and costs. 
Any person charged with violation of any of the pro- 
visions of this act, may, at his discretion, sign an 
acknowledgment of the offense committed, and pay 
any duly sworn game protector the fine in full, as 
fixed by the section violated, with costs to that date. 
The printed receipt therefor, which shall in every 
instance bear the seal of the Board of Game Com- 
missioners and the signature of its secretary, shall be 
evidence of full satisfaction for the offense committed. 
Approved — The 1st day of June, A. D. 1915. 

MARTIN G. BRUMBAUGH 



statement. 



Record. 



Refusal 
to ].iay. 



Commitment. 



Acknow- 
ledgment 
of offense. 



Payment, 
Receipt. 



104 GAME, FISH AND FORESTRY LAWS. 



BOARD OF GAME COMMISSIONERS. 

Dr. Charles B. Penrose, President, Philadelphia; John M. 
Phillips, Pittsburgh; Arthur Chapman, Doylestown ; W. B. 
McCaleb, Harrisburg ; J. S. Speer, St. Marys; G. D. Gideon, 
Philadelphia; Joseph Kalbfus, Harrisburg, Secretary. 

NOTICE. 

Commonwealth of Pennsylvania, 
Office of the Board of Game Commissions, 
Harrisburg, Pa., July 1st, 1915. 

The Game Commission of Pennsylvania wishes it to be fully 
and distinctly understood that they are trying to interpret and 
enforce the game law of this State according to their idea of 
its spirit and purpose, rather than its exact wording. For in- 
stance the law says that no person shall have a game bird in 
possession except during a certain season, nor shall anyone have 
in possession at any time a bird of a kind, known as "a wild- 
bird other than a game bird," excepting under the provisions 
of law. If upon investigation it develops that a bird of either of 
these kinds was taken into possession through a spirit of kindness 
and with the intent to benefit, or save the life of a suffering bird, 
we will construe this action to be in accord with what we under- 
stand to be the purpose of the law. Namely, a step toward the 
preservation and protection of our birds, and one that should 
be commended rather than condemned. 

Again, while the letter of the law permits the Game Com- 
mission or its duly authorized officers to do certain things that 
it forbids the ordinary citizen to do, we construe this to be a 
provision intended to benefit the Commonwealth and not intended 
to benefit the officer, and will in no instance permit such officer 
to exercise a privilege of this kind for personal profit. We 
will not permit one of our officers to 'lead an innocent person 
into temptation for the purpose of collecting a penalty — either 
for his own use or for the use of this office. For instance, 
the law gives game protectors, for the purpose of securing evi- 
dence, the right to buy or sell certain game, that may not be 
bought or sold for any purpose by any other individual in the 
State, under a penalty of twenty-five dollars. A country boy 
may kill a pheasant, and a dollar to him may exceed several times 
over the value of the bird. We will not permit any of our officers 



GAME, FISH AND FORESTRY LAWS. 105 

to lead such a person into a violation of the law for the purpose 
of collecting a penalty. Neither will we, for the purpose of mak- 
ing a case, permit an officer to sell game to an unwary and 
entirely innocent individual, who may be hunting. But where 
we are led to believe persons are wilfully and deliberately violating 
the law, either through the purchase or sale of game of a kind, the 
purchase or sale of which is forbidden, we feel that it devolves 
upon us to break up such practice, and will do our best to secure 
the necessary evidence to attain that end. 

The game law of this Commonwelath provides that game killed 
in this Commonwealth may be had in possession at certain times, 
only, and imposes a penalty for having such game in possession 
at any other time, we do not understand the intent of this law 
to arbitrarily mean that, men may have game in possession only 
at a certain time, but, instead, was intended to safeguard the 
lives of game birds or animals, by making the possession of game 
out of season, an evidence that the game in question, was killed 
illegally. Therefore, where it is evident, that the deer or any 
other animal, or bird, was not killed, by the man having it in 
possession, or through his instrumentality, as for instance a deer 
killed by a railroad train, we can see no good reason why some 
human being may not be benefited through using the flesh of such 
animal, rather than to have it rot upon the ground or become the 
food of dogs or crows. 

Again, an act passed by the Legislature of 1909 says the un- 
naturalized foreign-born resident may not hunt, or shoot, in 
this Commonwealth and to that end, shall not be possessed of 
either shotgun or rifle, this last provision to our minds means a 
shotgun or rifle that can be used to shoot with, not some old 
and useless gun, or a part thereof and we will not permit any 
officer under our appointment, to use this act for either a purpose 
of persecution or to secure dollars to his own profit. 

These illustrations cover the principal we have adopted as 
our guide. We are striving to preserve the game and wild birds 
of the State for the benefit of all the people of the State. Wild 
birds, because of the value of their life work; game birds for the 
same reason; and in addition, the value to man of an outing in 
pursuit of such game and its value as a food supply. In conformity 
with these ideas the Game Commission proposes to prosecute and 
punish all violators of the game laws that may come to their 
notice. It will thankfully receive, and hereby earnestly invites 
any information relative to violation of the game laws of the 
State. We ask that letters upon this subject be made as com- 
prehensive as may be, giving, as far as possible, the name of the 
offender, the location, the nature of the offense, and the date 
upon which it was committed, with the names of witnesses and 



106 GAME, FISH AND FORESTRY LAWS. 

the postoffice addresses of the same, so that we may be able to 
investigate quickly, intelligently and with as little expense as 
possible. 

This request includes misconduct upon the part of our officers 
as well as violations of the game laws. The name of any person 
giving us information in this way will be held strictly confidential. 

We have many officers whom we have never met, and of whom, 
personally, we know nothing, they have come to us, recommended 
by the friends of game protection in the several communities in 
which they may reside, we cannot hope to know of unfair or 
unjust treatment upon the part of these men, unless those who 
do know of it, notify us, and we ask you to help us in this matter 
as well as any other feature of the work. We want the enforce- 
ment of the Game Law to be clean and just in all ways. 
Respectfully yours, 

JOSEPH KALBFUS, 

Secretary of the Game Commission. 



GAME, FISH AND FORESTRY LAWS. 107 



SUMMARY OF IMPORTANT PROVISIONS OF THE GAME 
LAWS OF PENNSYLVANIA. 



All letters on the subject of game, song, or insectivorous birds, 
should be addressed to the Secretary of the Game Commssion, 
at Harrisburg. 

A game protector is authorized to enter upon any land within 
the State, in the line of his duty, for the purpose of enforcing 
the law but he has no right, as an individual, to hunt, or in 
any manner trespass, upon posted lands, contrary to the wish of 
the owner thereof. 

A game protector is authorized to act anywhere in the State. 

All game protectors, deputy game protectors and special deputy 
game protectors of the Commonwealth of Pennsylvania, appointed 
by the Board of Game Commissioners, foresters, forest rangers, 
fish wardens, and deputy fish wardens, also all members of the 
State police authorized by act of May 2, 1905, are vested with 
like powers, and have the right to arrest without warrant, or to 
search the person or property of any one they may catch in the 
act of violating any game law or the forestry laws or the fish 
laws of the Commonwealth, or whom they may catch in pursuit 
immediately following the act, or whom they have reasonable 
cause to suspect of having ivithin a limited time, violated any of 
the game laws of the State. But they are not authorized to arrest 
or search without warrant, after the offender has once reached 
his place of residence, unless they were actual witnessess to the 
violation and as rapidly as possiUe followed the ofender to that 
place. 

Constables of the several wards, boroughs, and townships of 
this Commonwealth are ex-officio game wardens, and have the 
same power throughout the county, wherein they are elected as 
have the protectors appointed by the Game Commission. 

Constables are liable to fine and imprisonment where they neg- 
lect or refuse to enforce the game laws, after their attention 
has been called to the matter, in a prescribed form. 

Section 5, Act of March 22, 1899, page 15. 



108 GAME, FISH AND FORESTRY LAWS. 

Any person or persons interfering with a game protector or a 
forester or a forest ranger or a fish warden of this Common- 
wealth in the discharge of his duty, or resisting arrest is liable 
to a penalty of one hundred dollars. 

Section 4, Act of May 21, 1901, page 18. 

A constable where he is the prosecutor is entitled to one-half 
of the penalty recovered, and to ten dollars extra from the county, 
for each conviction secured for violation of the game, or forestry 
laws. Deputy game protectors are entitled to the same reward. 
Game protectors and special deputy game protectors are not so 
entitled . 

Any citizen of the Commonwealth has the right to prosecute 
for violation of the game laws, and is entitled to one-half of all 
penalties recovered. Except in the case of the Resident License 
Act where all the penalty goes to the Commonwealth. 

Attention is called to the fact, that, the one who prosecutes, 
for violation of the game laW is entitled to part of the penalty re- 
covered, not the one who is simply the informer. 

Where a person is caught in the act or is arrested for violating 
any law of this Commonwealth giving protection to game, song, 
or insectivorous birds, he is to be tried summarily. 

Section 31, of the Act of May 1st, 1909, page 46. 

Section 11 of the Act of April 21st, 1915, page 97. 

No unnaturalized, foreign-born resident can legally own or have 
in possession a rifle or shotgun, or can hunt or shoot, within 
the Commonwealth. 

Act of May 8th, 1909, page 48. 

The constitutionality of this act has been sustained by both 
the Superior and Supreme Courts of the Commonwealth, and by 
the Supreme Court of the United States, see citation, page 246. 

There shall be no hunting or shooting or chasing of game upon 
the first day of the week, commonly called Sunday. Penalty, 
$25.00. Section 2, Act April 21st, 1915, page 92. 

When an arrest is made for violation of that provision of the 
game law prohibiting hunting on Sunday, the evidence and the 
record, must show that game or wild birds were hunted for or 
killed, the kind of game or birds hunted, or killed had best be 
named. It will not do to simply charge the defendant with 
hunting or shooting on Sunday, the game laws of this State were 
passed for the protection of game and wild birds and not to 
preserve the sanctity of the Sabbath, and the courts have held, 
that before a defendant can be convicted of violating section 



GAME, FISH AND FORESTRY LAWS. 109 

one, of the act of May 1, 1909, it must be proved that game 
or a bird of some kind protected by this act wa.s hunted or killed 
on Sunday. 

It is therefore not a violation of the game law of this State 
to shoot on Sunday, at targets or at a mark, or at a crow, or a 
hawk, or a fox, or at any other thing, not protected by the game 
laws of this State. 

All magistrates, justices of the peace, and aldermen should 
follow the form prescribed in the act violated, and their record 
should show that this has been done. This will avoid trouble on 
certiorari. 

In receiving or drawing a complaint, for the violation of any 
of the provisions of the game laws or fish laws of this State, 
it would be well to follow strictly the wording of the section 
violated, and the record should show that this has been done. 

The Record should show: 

That an offense was committed. That said offense was com- 
mitted within the jurisdiction of the court hearing the case. 

That the prosecution was brought within the statutory time. 

That the complaint was sworn to. 

That a warrant was issued and the arrest made on said war- 
rant which was duly returned. 

Or 

That the arrest was made on sight without warrant. 

That the defendant was present at the hearing. 

That the evidence as offered on both sides was heard under 
oath. 

The record must show at least the substance of such evidence. 

That the defendant was because of such evidence either con- 
victed or acquitted. 

If convicted, that he was sentenced to pay the penalty im- 
posed by law. 

That upon refusal to pay said penalty he was committed to 
the jail for a period of one day for each dollar of penalty im 
posed. 

And that this was done hefore he was permitted to enter lail 
on appeal. 

The killing of game except through the use of a gun is illegal, 
excepting that rabbits when known to be destroying property may 
be killed in any manner. 

The use of what is commonly known as the automatic gun for 
killing game in Pennsylvania is prohibited. This applies to aU 
kinds of automatic guns, rifle as well as shotguns. 



110 GAME, FISH AND FORESTRY LAWS. 

But does not apply to pump guns or lever guns, or to any gun, 
except those, that through the recoil produced by the discharge 
of a loaded shell, ejects the empty shell, throv/s a loaded shell 
into the barrel and cocks the gun. 

Act of May 31st, 1907, page 26. 

This act was pronounced unconstitutional by the Court of Dela- 
ware County. The case was carried to the Superior Court on 
appeal. On May 10, 1909, the Superior Court handed down its 
decision reversing the ruling below and confirming the consti- 
tutionality of this act. See citation among legal opinions, page 242. 

It is illegal to kill any game birds during the night time. 
Section 15, Act May 1, 1900, page 38. 

This provision is limited to game birds and does not apply to 
game animals. The National law, page 120, forbids the shooting 
of migratory birds before sunrise or after sunset. 

Not to exceed 20 decoys may be legally used by one person at 
one time. 
Section 1, Act June 15th, 1911, page 52. 

No wild water fowl either killed in this State or brought into 
this State between the first of January and the first of September 
of the same year, can be sold. 

Section 22, of the Act of May 1st, 1909, as. amended by the Act 
of May 9th, 1913, page 42. 

Nothing in this section attempts to interfere with the one who 
may bring wild water fowl into this State at any time, for his 
own use, or for any purpose, excepting that of sale. 

Nothing in this section can be construed to alter or change the 
open season for wild water fowl. 

The open season for deer in Pennsylvania is from the first day 
to the fifteenth day of December, of each year, both days in- 
clusive. 

But one deer can be legally taken or kOled in this Commonwealth 
during one season, which must in every instance be a male deer 
with horns extending at least two inches above the hair. 

Section 18 of the Act of May 1st, 1909, as amended by the Act 
of May 1st, 1913, page 39. 

It is illegal to shoot at or kill or wound a female deer or a fawn 
at any time. 
Section 5, Act April 21st, 1915, page 93. 



GAME, FISH AND FORESTRY LAWS. Ill 

It is illegal to make use of what is known as buck-shot, 
in hunting deer or to kill, or wound, or to attempt to kill, or 
wound any deer, by or through, the use of a gun of any kind 
propelling or emitting, more than one pellet, bullet, or ball, at 
a doer, through a single discharge. 

It is illegal to kill or capture any deer in the waters of the 
State. 

It is illegal to "make use of a dog or dogs in hunting deer" 
in this State. 
Section 19, Act of May 1, 1909, page 40. 

Any dog following upon the track of deer or fawn within this 
Commonwealth is declared to be a public nuisance, and may be 
killed by any person when so seen. 

Or by an officer of the State whose duty it is to protect the game 
of the State, within one year from the date of the commission of 
the offense. 

And the owner of such dog shall be liable to a penalty of 
twenty-five dollars for each deer or fawn, pursued, and fifty dol- 
lars for each deer or fawn killed by such dog, running at large 
without the aid of its master, and double that amount when dogs 
are allowed to run deer after notice, the penalty to be collected as 
are other penalties under the provisions of this act. 

Section 20, Act May 1, 1909, page 40. 

By the Act of April 2nd, 1913, page 60, elk in this State 
are given absolute protection until November 14, 1921, after 
which time a male elk having not less than 4 points to an antler 
may be killed. 

The same laws relating to the running of deer by dogs applies 
to elk, the same provisions controlling the time and manner and 
place of killing deer will apply to elk after November 14th, 1921. 

Dogs of any description may be killed by the owner or lessee 
of lands on which they are found, or by any ofiicer of the State 
whose duty it is to protect the game of the State, when pursuing 
small game of any kind out of season, anywhere within the 
Commonwealth, unless the dog wears a collar bearing the name 
and address of the owner, in which case notice must be given 
before the dog is killed. 

Section 21, Act of May 1, as amended by the Act of April 15th, 
1915, page 41. 



112 GAME, FISH AND FORESTRY LAWS. 

Dogs of all description are, unless they have a tax tag at- 
tached to their collar, declared a public nuisance, and may be 
killed by certain persons. 

Section 7, Act June 15th, 1911, page 58. 

It is illegal to discharge on any of the streets or alleys of any 
city or borough of the Commonwealth any flobert rifle, air gun, 
or spring gun, or any implement which impels with force a metal 
pellet of any kind. 

Act of April 15, 1903, page 22. 

Seized guns and hunting paraphernalia will be sold ilnless fine 
and costs are paid and the fact that imprisonment is suffered, 
will not effect the release of these articles. 

Section 4, Act May 1, 1909, page 27.. 

Costs cannot be imposed upon oflScers, whose duty it is to en- 
force the game laws, said costs must be paid either by the de- 
fendant or by the county. 

Act of April 16, 1903, page 23, 

Possession of game out of season, is prima facie evidence that 
it was taken illegally. 
Section 29, Act May 1, 1909, page 46. 

It is illegal to ship or remove, to attempt to ship or remove 
from this State, or to knowingly permit the shipment or removal 
out of this State of any game bird or game quadruped, except 
when it is to be returned to the State, except by those who have 
paid a non-resident license. 

Penalty not less than $50, or more than $100. 

Section 28, Act May 1, 1909, page 45. 

Non-residents who have paid the license can carry certain game 
out of the State under certain restrictions. 
Section 28, Act May 1, 1909, page 45. 

It is illegal to ship or remove any wild bird other than a game 
bird or any part thereof out of the State, without permission of 
the President of the Game Commission, or to sell or exchange 
parts of such birds. 

Penalty not less than $50 or more than $100. 

Section 6, Act of May 1, 1909, page 28. 

It is unlawful to kill or capture a bear between the 15th day 
of December and the 15th day of October and but one bear can 
be killed by one person each season. 

Or to have in possession any bear or cub caught or taken 
during- that time. 



GAME, FISH AND FORESTRY LAWS. 113 

Penalty $50 for each bear or cub killed, or possessed con- 
trary to law. 

Section 25, Act May 1, 1909, page 44. Act of April 21st, 1915, 
page 94. 

It is illegal to use ferrets in hunting rabbits. 

Penalty, $25. 

Ferrets used in violation of law to be kiUed. 
Section 27, Act May 1, 1909, page 44. 

Ferrets can not be had in possession except under license se- 
cured from the Game Commission. 

Section 9, Act of April 21, 1915, page 96. 

It is illegal at any time to set, lay or prepare or use anj 
kind of trap, snare, net, bird-lime, pit-fall, deer lick, turkey 
blind, turkey call, turkey pen, or any other kind of a contrivance 
whatever, with intent to capture or kill any of the wild birds or 
animals protected by the laws of this State. 

Except that decoys may be used in hunting geese, ducks and 
brant. 

And that rabbits may be taken in any manner when found to 
be destroying property. 

Steel traps not to exceed a Standard No. 3 may be used for 
catching wild cats, foxes, etc. 
Section 10,^ Act April 21, 1915, page 97. 

Quail may be trapped from first day of January to the first 
day of April for the purpose of keeping them alive during the 
winter or for the purpose of separating a covey, and all birds so 
trapped must be released as soon as the weather is suitable in the 
spring. 
Section 30, Act May 1, 1909, page 46. 

Upland or grass plover can be legally killed from July 15 to 
December 1, during this year, under State Law. 

Under the provisions of our State law ducks and geese commonly 
called wild water fowl may be legally killed from September 1 
to the 10 day of April next following. 

Under the provisions of National law wild water fowl may be 
killed in Pennnsylvania only from the 1st of October to the 15th of 
January, both days, inclusive. 

Rail and reed birds can be legally killed from September 1 to 
December 16th. 
Blackbirds of all kinds may be killed when destroying property. 



114 GAME, FISH AND FORESTRY LAWS. 

Blackbirds may also be killed as game birds from the 15th of 
October to the 30th of November, both days inclusive. 
Section 3, Act April 21, 1915, page 92. 

Doves and ring-neck plover commonly called kill-deer may not • 
be legally killed at any time. 
See Act of March 21, 1913, page 58. 

It is illegal to hunt or pursue or follow after with intent to 
kill or injure web footed wild fowl (ducks, geese or brant), from 
ov with any craft propelled by any means other than oars, pole, 
or hand paddles. 

Penalty $50 per day for each day, such illegal craft may be 
used, and forfeiture of all boats, guns, and shooting paraphernalia 
used in violating the law. 

All guns and shooting paraphernalia used in violating any 
game law of the Commonwealth, forfeited, unless penalty im- 
posed and costs be paid. 

Section 4, Act of May 1st, 1909, page 27. 

It is illegal to hunt or kill for wages or hire, directly or in- 
directly, any deer, or fawn, ruffed grouse, commonly called 
pheasant, quail commonly called Virginia partridge, wild-turkey 
or woodcock, or game of any description. 

Penalty $25. 

Section 7, Act of April 21st, 1915, page 95. 

Beaver are protected at all times. 

Penalty $100. 

Act of March 17, 1903, page 19. 

Woodchucks or ground hogs, possums, foxes, wild cat, mink, 
weasels, skunks, porcupine, musk rats, and red squirrel can 
be killed at any time. 

And it is not a violation of the Resident Hunters' License Act, 
to hunt for or shoot at any of these unprotected animals or at 
any unprotected bird, or at targets, or at any other thing not 
protected by the Game laws of this State, without being first 
possessed of such license. 

This law requires only those who hunt for game animals, or 
game birds to secure this Resident Hunters' License and it per- 
mits the owner or lessee of lands within the Commonwealth icho 
resides upon and cultivates such lands to hunt thereon without 



GAME, FISH AND FORESTRY LAWS. 115 

securing the license. It also permits such owner or lessee to hunt 
on lands immediately connected with his lands, if he has permission 
to go thereon from the one in control thereof. 

Nothing in this Act attempts to give the right to anyone to hunt 
on lands contrary to the wishes of the one who controls such lands 
and does not in any manner conflict with the trespass laws of the 
State. 

The Resident Hunters' License can be secured from County 
Treasurer, or from Justices of the Peace, who have arranged 
with the County Treasurer to issue these licenses for him. 

The cost is one dollar tr, the Treasurer and one dollar and fif- 
teen cents to the Justice, and the license is good only during the 
year the date of which it bears. 

Under the law a tag must accompany each license, the tag 
to be worn on the back of the arm, when hunting. The license 
and tag must be numbered. See to it that the number on the 
license and tag issued to you are the same. 

Both license and tag must be carried when hunting and must 
be exposed to view upon demand of those in authority. 

Persons under the age of 14 years cannot secure a license and 
persons between the ages of li and 16 yetirs can secure such license 
only upon the presentation of a written request for same, by the 
parent or guardian of the applicant. 

All license fees and all penalties collected for violation of anj 
provision of this act go direct from the person collecting the 
same to the State Treasury, to be there held as a fund separate 
and apart for the purpose of game protection and increase, and 
can be taken from such Treasury only by Act of Assembly. 
Every cent so taken must be accounted for by voucher to the 
Auditor General. 

One-half of all moneys collected through or because of this Act 
must be applied to rhe payment of bounties, the remainder goes 
through Acts of the Legislature, to the Game Commission, to be 
used by them in manner as directed by the Legislature. 

Not one cent of the money collected under the provisions of this 
Act can be used except by Legislative enactment. 

All non-residents must secure a license before hunting in this 
State. Fee $10. Penalty $2.5, and forfeiture of all gunning para- 
phernalia found in oossession of arrested parties. 

Act April 14th, 1903, page 20. 

Game of all kinds may be held in possession for thirty days, 
after the close of the season for killing the same. 
Section 26, Act May 1, 1909, page 44. 



116 GAME, FISH AND FORESTRY LAWS. 

The coon is made a game animal and protected from January 
1st to October 15th of each year. 

Section 3, Act April 21st, 1915, page 92. 

Special attention is called to the fact that all guns, boats and 
shooting paraphernalia used in violating the law, are declared for- 
Mted, unless penalty and costs imposed be paid. 

Section 4, Act May 1, 1909, page 27. 

Special attention is called to the fact that a second offense 
«?arries sure imprisonment; the payment of the penalty brings no 
relief . 

Section 4, Act of May 1, 1909, page 27, also Section 1 of the Act 
©f April 21st, 1915, page 91. 

Special attention is called to the fact that game killed in 
this Commonwealth may be had in possession only during the 
open season for such game and for thirty days thereafter. Re- 
member therefore that when a deer or a number of deer are brought 
out of the woods on the last day of the season that they must 
be consumed before the 15th day of January next following. This 
is the law. If hunters are not disposed to abide by its provisions 
they need not kill the deer. If game of any kind is taken at all, 
it is taken under the provisions of the law and of all the law. If 
it is taken and had in possession after the lapse of thirty days 
after the close of the season the holder thereof must be prepared to 
abide by the consequences. 

Special attention is called to section 20 of the act of May 1, 
1909, relative to the use of dogs in hunting deer. Who shall be 
liable to pay penalty, and what shall constitute a violation of 
this provision. Page 40. 

Special attention of men who own dogs is called to Section 21 
of the act of May 1, 1909, relative to dogs hunting small game 
out of season, page 41. No person except the owner of land or 
the lessee of such land, or an officer of the State whose duty it 
is to protect the game of the State, can kill a dog for violation 
of the provisions of this act, and then only under prescribed con- 
ditions . 

Under the provisions of the Act of 1911, as amended by the Act 
of June 3, 1915, dogs without a tax collector's tag to their collars, 
are made a public nuisance, and may be killed by certain persons 
and it is made the duty of the constable to kill all such dogs. 

Page 55. 

Elk and deer are fond of salt and are benefited by salt just as 
much as are cattle, and it is not a violation of the law of this 
State to place salt where deer may secure it. But it is a violation 



GAME, FISH AND FORESTRY LAWS. m 

of law to create a deer lick with intent to attract deer so that 
they may be killed at the lick, or to kill deer at a lick n® matter 
what the reason for its creation might be. 

Bear may be killed as a protection to property or person at 
any time under certain restrictions. 
Section 25, Act May 1, 1909, page 44. 

Special attention is called to the fact that the laws of this State 
no longer permit the killing of birds other than game birds for so- 
called "scientific study," it being considered that enough life had 
been destroyed and enough written to cover all necessities in this 
direction for ages to come. Therefore no certificates will be issued 
to Taxidermists for this purpose, and the mounting of bird skins 
for sale can not be permitted. 

All taxidermists must secure a license before beginning to operate 
in Pennsylvania, and no license of this kind will be issued to 
those who claim to have secured their knowledge of this work en- 
tirely through correspondence schools. 

Taxidermists have the right to receive and cure and mount the 
skins of birds and animals that have been legallj^ killed in thi» 
State. They have no right to kill one bird or animal through op 
because of their certificates. 

The Game Commission holds that the words "legally killed'* 
means, not "illegally killed" so that it would not be an offense 
to mount the skin of a bird accidentally killed. 

Certificates to take birds, their nests and eggs for scientific 
study are limited to teachers in public schools and to men 
connected with public museums. 

Section 6, Act May 1, 1909, page 28. 

Persons desiring to raise game in preserves for either sale oi 
gift must secure a license and must make report to the Game 
Commission . 

Section 7, Act May 1, 1909, page 31. 

The act requiring non-residents to secure a license before hunt 
ing in this Commonwealth, was passed as much to protect th« 
farmers of our border counties, as to protect game, and says, "th& 
non-resident must secure a license before beginning to hunt;" it 
does not say before beginning to hunt for game, and a non-resident 
hunting for woodchuck or any other animal or any bird not classed 
as game, without first securing a license, is surely violating both 
the spirit and the letter of the law. 

The act forbidding the unnaturalized foreign-born resident to 
hunt or shoot or to even be possessed of a gun, was passed by the 



118 GAME, FISH AND FORESTRY LAWS. 

Legislature and signed by tlie Governor on the 8th day of May, 
1909, and has been pronounced constitutional by the Superior 
Court, and Supreme Court of this State, and by the Supreme 
Court of the United States. 
See citation No. 45, page 246. 

The Superior Court has ruled that it was a violation of the Act 
of May 8th, 1&09, for an alien to run or manage a shooting gallery. 
See citation page 247. 

On the 4th day of March, 1913, an Act of Congress was passed 
giving the National Department of Agriculture, at Washington, D. 
O., the power to adopt rules and regulations, fixing seasons 
during which migratory birds of all kinds should be guaranteed 
protection and when those birds classed as game-birds, might 
be killed, in any of the States of this Nation. Pursuant with this 
authority, the said Department has promulgated rules regarding 
this subject, and has fixed the 1st of October, 1913, as the time 
when these rules shall become effective. 

The several States are divided into two Zones, numbered one 
and two, Pennsylvania is in Zone No. 1, and Maryland is in 
Zone No. 2. 

Under these rules no sand-hill crane, or swan, or curlew, or any 
shore-bird, excepting the black-breasted and golden polver, Wilson 
or Jack snipe, woodcock and yellow legs, can be legally killed for 
a period of five years in Pennsylvania. 

Under this provision it is illegal, to kill any upland or grass 
plover, or any of the sand-piper family before September, 1918. 
No shore-bird may be killed between December 16th and Septem- 
ber 1st. 

No wood-duck can be killed before September, 1918. 

No wild water fowl of any kind can be legally killed in Penn- 
sylvania between the 15th day of January and the 1st day of 
October next following. These provisions absolutely forbid the 
shooting of wild water fowl or of any other migratory ,game bird 
during the spring time. 

No wild water fowl may be legally killed on that part of the 
Ohio River located in this State, between January 1st and October 
31st of any year. 

Attention is called to the fact, that this National law coutrols 
and limits State laws relating to migratory ganite birds in all 
cases where the State law conflicts with the National law, in a 
manner tending to lengthen the season as fixed by said National 



GAME, FISH AND FORESTRY LAWS. IB 

law, but it does, not attempt to alter or in any manner change 
laws enacted by the State, that are within the time limit as fixed 
by said National law. 

In other words a State may shorten the time during which, a» 
fixed by the National law, game may be killed, but no State has 
the power to lengthen that time. 

One of our State laws provides, that no game bird shall be killed 
during the "night time," and defines the word "night" as being 
that time, beginning one hour after sunset and extending to one 
hour before sunrise the following morning. Another of our State 
laws provides that no wild water fowl may be killed before sunrise 
of any day, and now comes the National law, that provides that 
no migratory bird of any description, may be legally killed, be- 
fore sunrise, or after sunset, of any day, so that after October 1st, 
1913, no wild water fowl or any other migratory bird may b® 
killed, except from sunrise to sunset of any day. 

The following is a reprint of this National law in so far as it 
applies to Zone No. 1, the zone in which Pennsylvania is found. 

UNITED STATES DEPARTMENT OF AGRICULTURE 
BUREAU OF BIOLOGICAL SURVEY— CIRCULAR NO. 92. 

HENRY W. HENSHAW, Chief of Bureau. 



Proposed regulation for the protection of migratory birds. 

Washington, D. C, June 17, 1913. 

Pursuant to the provisions of the act of March 4, 1913, author- 
izing and directing the Department of Agriculture to adopt suitable 
regulations prescribing and fixing closed seasons for migratory 
birds (37 Stat., 847), regulations, copy of which is hereto annexedj 
have been prepared, are hereby made public, and are hereby pro- 
posed for adoption, after allowing a period of three months in 
which the same may be examined and considered. The regulations^ 
as finally adopted, will become effective on or after October 1, 
1913, whenever approved by the President. 

B. T. GALLOWAY, 
Acting Secretary of Agriculture. 



120 GAME, FISH AND FORESTRY LAWS. 



REGULATIONS FOR THE PROTECTION OF MIGRATORY 

BIRDS. 

Pursuant to the provisions of the act of March 4, 1913, author- 
izing and directing the Department of Agriculture to adopt suit- 
able regulations prescribing and fixing closed seasons for migra- 
tory birds (37 Stat., 847), having due regard to zones of tempera- 
ture, breeding habits, and times and lines of migratory flight, the 
Department of Agriculture has adopted the following regulations: 

Regulation 1. Definitions. 

For the purposes of these regulations the following shall be con- 
sidered migratory game birds: 

(a) Anatidae or waterfowl, including brant, wild ducks, geese, 
and swans. 

(6) Gruidae or cranes, including little brown, sandhiU, and 
whooping cranes. 

(c) Rallidae or rails, including coots, gallinules, and sora and 
©ther rails. 

(d) Limicolae or shore birds, including avocets, curlew, do- 
witchers, godwits, knots, oyster catchers, phalaropes, plover, 
sandpipers, snipe, Gtilts, surf birds, turnstones, willet, woodcock, 
and yellow legs. 

(e) Oolumbidae or pigeons, including doves and wild pigeons. 
For the purposes of these regulations the following shall be con- 
sidered migratory insectivorous birds: 

(/) Bobolinks, catbirds, chickadees, cuckoos, flycatchers, gros- 
beaks, humming birds, kinglets, martins, meadow larks, 
night hawks or bull bats, nuthatches, orioles, robins, shrikes, 
swallows, swifts, tanagers, titmice, thrushes, vireos, warblers, 
waxwings, whippoorwills, woodpeckers, and wrens, and all other 
perching birds which feed entirely or chiefly on insects. 

Regulation 2. Closed Seasons at Night. 

A daily closed season on all migratory game and insectivorous 
birds shall extend from sunset to sunrise. 

Regulation 3. Closed Season on Insectivorous Birds. 

A closed season on migratory insectivorous birds shall continue 
to December 31, 1913, and each year thereafter shall begin Jan- 
uary 1 and continue to December 31, both dates inclusive, provided 



GAME, FISH AND FORESTRY LAWS. 121 

that nothing in this regulation shall be construed to prevent the 
issue of permits for collecting such birds for scientific purposes 
in accordance with the laws and regulations in force in the re- 
spective States and Territories and the District of Columbia ; and 
provided further that the closed season on reedbirds or ricebirds 
in Delaware, Maryland, the District of Columbia, Virginia, and 
South Carolina shall begin November 7 and end August 31 next 
following, both dates inclusive. 

Regulation 4. Five-Year Closed Seasons on Certain Game Birds. 

A closed season shall continue until September 1, 1918, on the 
following migratory game birds: Band-tailed pigeons, little brown, 
sandhill, and whooping cranes, swans, curlew, and all shorebirds 
except the black-breasted and golden plover, Wilson or jack snipe, 
woodcock, and the greater and lesser yellowlegs. 

A closed season shall also continue until September 1, 1918, on 
wood ducks in Maine, New Hampshire, Vermont, Massachusetts, 
Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, 
Ohio, Indiana, Michigan, West Virginia, and Wisconsin; on 
rails in California and Vermont ; and on woodcock in Illinois and 
Missouri. 

Regulation 5. Closed Season on Certain Navigable Rivers. 

A closed season shall continue between January 1 and October 
31, both dates inclusive, of each year, on all migratory birds pass- 
ing over or at rest on any of the waters of the main streams of 
the following navigable rivers, to wit: The Mississippi river be- 
tween New Orleans, La., and Minneapolis, Minn.; the Ohio 
river between its month and Pittsburgh, Pa.; and the Missouri 
river between its mouth and Bismark, N. Dak. ; and on the kill- 
ing or capture of any of such birds on or over the shores of any 
of said rivers, or at any point within the limits aforesaid, from 
any. boat, raft, or other device, floating or otherwise, in or on 
any such waters. 

Regulation 6. Zones. 

The following zones for the protection of migratory game and 
insectivorous birds are hereby established: 

Zone No. 1, the breeding zone, comprising States lying wholly 
or in part north of latitude 40° and the Ohio river and including 
Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, 
Connecticut, New York, New Jersey, Pennsylvania, Ohio In- 



122 GAME, FISH AND FORESTRY LAWS. 

diana, Illinois, Michigan, Wisconsin, Minnesota, Iowa, North 
Dakota, South Dakota, Nebraska, Colorado, Wyoming, Mon- 
tana, Idaho, Oregon and Washington — 25 states. 

Zone No. 2, the wintering zone, comprising states lying wholly 
or in part south of latitude 40° and the Ohio river and including 
Delaware, Maryland, the District of Columbia, West Virginia, 
Virginia, North Carolina, South Carolina, Georgia, Florida, Ala- 
bama, Mississippi, Tennessee, Kentucky, Missouri, Arkansas, 
Louisana, Texas, Oklahoma, Kansas, New Mexico, Arizona, 
California, Nevada, and Utah— 23 states and the District of Colum- 
Ma. 

Regulation 7. Construction. 

For the purposes of regulations 8 and 9, each period of f- « 
therein prescribed as a closed season shall be construed to mciude 
the first day and to exclude the last day thereof. 

Regulation 8. Closed Seasons in Zone No. 1. 
Closed seasons in zone No. 1 shall be as follows: 

^Waterfotvl .—The closed season on waterfowl shall be between 
December 16 and September 1 next following, except as follows: 

Exceptions: In Massachusetts the closed season shall be 
between January 1 and September 15. 

In Minnesota and North Dakota the closed season shall 
be between December 16 and September 7. 

In South Dakota the closed season shall be between De- 
cember 16 and September 10. 1 

In New York, other than on Long Island, and in Ore- 
gon the closed season shall be between December 16 and 
September 16. 

In New Hampshire, Long Island, New Jersey and Wash- 
ington the closed season shall be between January 16 and 
October 1. 

Bails .—The closed season on rails, coots and gallinules shall be 
between December 1 and September 1 next following, except as 
follows: 

Exceptions: In Massachusetts and Rhode Island the 
closed season shall be between December 1 and August 1. 

In New York and on Long Island the closed season shaU 
be between December 1 and September 16; and 

On rails m California and Vermont the closed season 
shall be until September 1, 1918. 

*The closed season for waterfowl has been changed to between January 16 
mud October L?t, next following. 



GAME, FISH AND FORESTRY LAWS. 123 

Woodcock.— The closed season on woodcock shall be between 
December 1 and October 1 next following, except as follows: 

Exceptions: In Maine and Vermont the closed season 
shall be between December 1 and September 15. 

In Massachusetts, Connecticut and New Jersey the 
closed season shall be between December 1 and October 10. 

In Rhode Island, Pennsylvania and on Long Island the 
closed seasons shall be between December 1 and October 15 ; 
and 

In Illinois and Missouri the closed season shall be until 
September 1, 1918. 

Shore feirds.— The closed season on black-breasted and golden 
plover, jacksnipe or Wilson snipe, and greater or lesser yellow- 
legs shall be between December 16 and September 1 next follow- 
ing, except as follows: 

Exceptions: In Maine, Massachusettb^ And on Long 
Island the closed season shall be betv n December 16 
and August 1. 

In Minnesota and North Dakota the f T)sed season shall 
be between December 16 and September /. 

In South Dakota the closed season sh'"' be between De^ 
cember 16 and September 10. 

In New York, other than Long Island, and in Oregon 
the closed season shall be between Dp^vmber 16 and Sep- 
tember 16 ; and 

In New Hampshire and Washington cc*^ closed season 
shall be between December 16 and October 1 



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126 GAME, FISH AND FORESTRY LAWS. 



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INDEX TO GAME IA¥S 



Pag©., 

Acknowledgment of offense, right of, .48. 51, 54, 64, 74, 7&, 37,99, lOS 

Action, time limitations 47,50,53,63,72,78,97,102 

Address, Game Commission IM 

Advertisement by Game Commission, 7? 

Affidavit ....40,47,50,53,63,68,73,78,80,81,97 

Affidavit, relative to bounties, taken by Game Protectors, without a fee, 81,88 
Affidavit, relative to bounties, to be taken by Justices of the Peace, 

Aldermen and Magistrates, claimant to pay affidavit fee, 81, 8S 

Aid in making arrests, 18 

Air guns 22 

Alderman, 26,46,50,53,59,63,72,78,80,81,86,97,102 

Alderman, to take affidavits in claim for bounty, 81 

Alderman, not to mutilate skin in claim for bounty, 82 

Aliens, unnaturalized, not to be possessed of shotguns or rifles, 48 

Aliens, unnaturalized, not to own dogs 10# 

All wild birds other than game birds, protected, 35 

Amendments, 12,35,38,39,41,42. 55,5& 

Anatidae, game birds 28 

Animals and birds destructive of game, 2S,3S 

Annual statement from propagating plant 3f 

Annual Statement from Taxidermists, S© 

Apparatus, forfeiture of, ■ 17,49,53,70,72,85 

Appeal, right of 24, 27, 47, 64,79, 87, S§ 

Application of fines and penalties 18,47,51,54,64,73,78,89,98,103 

Application for certificate to take birds, 29, 3§ 

Application for certificate to practice taxidermy 28 

Application for a certificate to operate a propagating plant, 32 

Application for a license to own or have ferrets in possession 9€ 

Appointment of Game Commissioners, 11 

Appointment of Game Protectors, IS 

Appointment of Deputy Game Protectors, IS 

Appointment of Special Deputy Game Protectors, 2S 

Arrests, 13,17,18,47,50,53,63.69.73.73.78,98,10® 

Arrests, aid in making, 18 

Arrest, resisting or interfering with, 18,71,87 

Arrest, on Sunday, 17.50,102 

Arrest, without warrant : IC. 69. 75, 87, 102 

Assessor to receive license fees for dogs, 58 

Artificial lights, 88 

Association, suggestions on forming, 33S 

AHction lS,49,53,72.8?t 

Automatic guns 20 



U27) 



128 INDEX. 

B. 

Page. 

Ball or bullet in hunting deer, 40 

Barn swallow, wild bird other than game bird, protected, 35 

Barn owl, wild bird, other than a game bird, piotected, 35 

Barred owl, not protected, 36 

Bear, open season for, 92 

Bear, number that may be legally killed, , 93 

Bear, may be killed as protection to person or property, 44 

Bear-, taken in steel traps, dead-falls, or pens, not permitted, 97 

Beaver, protected at all times, 19 

Bee bird, wild bird ether than game bird, protected, 35 

Belgian or German hare, 92 

Birds, other than game, protected at all times, 35 

Birds, not to be kept in cages Sr 

Birds' nests and eggs, protected 37 

Birds, may be taken under certificate, 29,30 

Birds, certain, not protected, 36 

Bittern, wild bird other than game bird, protected, 35 

Black cap, wild bird other than game bird, protected, 35 

Black bird, open season for, 92 

Black bird, may be killed as protection to property, 59 

Black squirrel, open season for, 92 

Black squirrel, number that may be taken in one day 93 

Black squirrel, killed in a wild state in this Commonwealth not to be 

bought or sold, 92 

Black squirrel, time it may be held in possession as game, 43 

Blue bird, wild bird other than game bird, protected, 35 

Blue finch, wild bird other than game bird, protecetd, 35 

Blue heron, wild bird other than game bird, protected, 35 

Blue jay, not protected, 36 

Boat, kind that may be used in hunting, 39 

Boat, forfeiture of, to Commonwealth 28,70,72 

Bobolink, or reed-bird, game bird, 28 

Bobolink, open season for. State Law, 37 

Bobolink, open season for. National Law, IK 

Bought or sold, certain game cannot be 42,92 

Bough or sold, certain game cannot be, 42,92 

Boundaries, to be marked, 75,85 

Bounty, on noxious animals 80 

Bounty, afladavit for, to be taken by Game Protectors without fee 81. 8S 

Bounty, affidarlt for, to be taken by Justices of the Peace, Alderman, 

and Magistrates, claimant to pay affidavit fee 81 

Boys un*er 14 not to receive license to hunt, 66 

Boys between 14 and 16 to receive license by consent of parents, 66 

Brant, game bird, ...,. 28 

Brant, open seasom for, 37 

Brant, not to be killed after sunset or before sunrise, 52,120 

Brant, time same may be sold, 42 

Buck deer, with horns two inches above hair, , 93 

Buck shot, not to be u«ed In killing deer, . , •. 40 

Bullet or ball in hunting deer 40 

Bnnting, wild bird other than game bird, protected, 35 

Buzzard, B»t protected, 36 



INDEX. 129 



Page. 

Cages, birds not to be confined in, 35 

Canaries, right to keep in cages, ._ 35 

Cardinal, or red bird, wild bird other than game bird, protected, ." 35 

Cat bird, wild bird other than game bird, protected 35 

Cedar bird or wax wing, wild bird other than game bird, protected, ... 35 

Certificate for taking birds. Ordinary, 29 

CcH'tificate for taking birds. Special, 30 

Certificate for resident before hunting for game, 65 

Certificate for Non-resident before hunting, 20 

Certificate for propagating purposes, 31 

Certificate, not transferable 32 

Certificate, forfeiture of, 32 

Chasing game on Sunday forbidden, 92 

Chat, wild bird other than game bird, protected, 35 

Cherry bird, wild bird other than game bird, protected 35 

Chewink, wild bird other than game bird, protected, 35 

Chicadee, wild bird other than game bird, protected, 35 

Chipping sparrow, wild bird other than game bird, protected, 35 

Close season defined, 27 

Closing counties to hunting for certain birds and animals, 76 

Closure of county by Governor, 100 

Collars on dogs, 41,55 

Commitment of offenders, 17,48,50,61,64,71,79,87,99,102,103 

Common carriers, 45,95 

Common carriers, not to accept game for shipment unless properly 

marked, 95 

Confiscated game, , 17,18,70 

Confiscated paraphernalia 17,18,70, 72 

Constables, game wardens, 14 

Constables, to kill dogs 41,57 

CouTictions before Aldermen, Justices of the Peace, or Court, 46,50.53,59,63,64, 

72,73.78,86,97,99,102,103 

Convictions, summary, 46,50,53,59,63,72,78,86,97,102 

Coon, game animal, open season for, 92 

Cooper's hawk, not protected, 36 

Coots, game birds, 28 

Coots, open season for, State Law, 37 

Coots, may be bought and sold, 42 

Costs of suit, 23 

County may be closed to hunting, 76,99 

County treasurer to issue Resident Hunters' Licenses, 66 

Court decisions, ■ 235 

Court of Quarter Sessions, 15,24,47,51,54,73,87 

Cow bird, wild bird other than game bird, protected, 35 

Crane, wild bird other than game bird, protected, 35 

Craft, certain kinds forbidden in hunting, 39 

Creeper, wild bird other than game bird, protected, 35 

Crow, not protected, 36 

Cuckoo, wild bird other than game bird, protected, 35 

Curlew, game bird, 28 

Curlew, open season for under State law - 37 

Curlew, not to be killed until 1918 under National Law 121 

Cured or tanned skin may be had in possession 36 



130 INDEX. 



D. 



Page. 

Decisions, pertaining to game and fish 235 

Decoys, tor wild water fowl may be used, 38,52 

Decoys, number and distance apart they must be placed, 52 

Decoys, may be forfeited 28,52 

Deer, buck with horns two inches above hair, 93 

Deer, open season for &2 

Deer, number that may be legally killed 93 

Deer, may not be killed in water 40 

Deer, to be killed through use of gun discharging one ball, 40 

Deer, not to be bought or sold 42,92 

Deer, shipment out of the State prohibited, , 45 

Deer, shipment out of State, exception, 45 

Deer, use of deceptions, forbidden , 38 

Deer, killing of at lick pens prohibited, 38 

Deer, use of dogs in hunting prohibited, 40 

Deer, not to be killed for wages or hire, 95 

Deer, time same may be held after close of season, 43 

Deer, killed in preserves 33,92 

Deception, of wild game forbidden, 38 

Defendants, may acknowledge otfense and pay penalty, 48,51,54,64,74,79,87 

99,103 

Deputy Game Protectors, appointment of 19 

Deputy, Special, appointment and rights of 25 

Designation of seasons , 27 

Destruction of birds' nests prohibited, 37 

Destructive animals may be killed, , 28,97 

Disposition of game when seized, 17,18,70 

Disopsition of penalties 18,47,51,54,64,73,78,89,98,102 

Disposition of boats, guns, .etc., seized, 17,18,49,70,72 

Dogs may not be used in hunting deer, 40 

Dogs, a public nuisance, 41,58 

Dogs, found running deer may be killed by any person 40 

Dogs, may be killed upon aflidavit made within one year, 41 

Dogs, owners of, liable to penalty 41 

Dogs, found running small game, 41 

Dogs, in woods during open season for deer, prohibited 40 

Dogs, time for training, 42 

Dogs, to be assessed, 55 

Dogs, not to be possessed by unnaturalized foreign-born residents 1 00 

Dogs, legal status of 243 

Domestic pets, wild birds not to be kept in confinement, 35 

Double liability 41 

Doves, wild birds other than game birds, protected, 58 

Downey woodpecker, wild bird other than game bird, protected, 35 

Duck, wood, absolutely protected by National regulation, 121 

Ducks, wild, game birds, 28 

Ducks, open season for. State Law 3S 

Ducks, open season for. National LaAV, 122 

Ducks may be bought and sold during certain time, 42 

Ducks, not to be hunted from power boats, 39 

Ducks, not to be killed during the springtime, 122 

Duck hawk, not protected, 36 

Duplicate tags, mutilation or second use of, prohibited, 34 

Duplicate tags, to be returned to Game Commission, 34 

Duty of Game Commission, 12 

Duty of Game Protectors, 13 

Duty of Forest Rangers, Game Protectors and Fish Wardens 90 



INDEX. 131 

Page. 

Duty of Court of Quarter Sessions, 16 

Duty of Constables, 14,41,57 

Duty of AsseSi?ors, 56 

Duty of Aldermen, Magistrates, and Justices of the Peace, 26,46,50,53,59,63,72, 

78,80,81,86,97,102 
E. 

Eagle, wild bird other than game bird, protected, 35 

Educational purposes 28 

Eggs and nests of wild birds, not to be disturbed 37 

Egret, wild bird other than game bird, protected, 35 

Egret plumes, not to be sold in this Commonwealth, 35 

Elk, not to I)e killed until 1921, 60 

Elk, special protection, 76 

English sparrow, not protected, 36 

English pheasant, game bird, 28 

English pheasant, open season for 92 

English pheasant, killed in ;i wild state in this Commonwealth not to 

be bought or sold 92 

English pheasant, number that may be killed, 93 

Evidence, prima facie, 21,39,46,68 

Evidence to be heard by Alderman, Magistrate or Justice of the Peace, 26,46,50, 

53,59,63,72,78,86,97,102 

Expenses, of Game Protector 18 

Expenses, of Special Deputy, neither State or County responsible for, .. 26 

Express company, not to curry game out of State, 45 

Express company, not to carry game out of State, exception 45 

Express company, not to accept game for shipment unless properly 

marked, 95 



Ferret, use of In hunting, prohibited 44 

Ferret, to be killed, 45 

Ferret, license to own or have in possession, or breed or sell 96 

Fees for certificates, 30,32 

Fee for bounty affidavit taken by Justice of the Peace, Alderman or 

Magist-ates, to be paid by claimant, 81 

Fines, disposition of 18,47,51,54,64,73,78,89,98,102 

Finch, wild bird other than game bird, protected, 35 

Firearms, use of prohibited in certain places, 74,86 

First offense, punishment, 27,61,71,75,91 

Flicker, wild bird other than game bird, protected, 35 

Fly-catche-, wild bird other than game bird, protected, 35 

Flobert rifie, ' 22 

Foreign born residents, unnaturalized, cannot hunt, or be possessed of 

shot-guns or rifles, 48 

Foreign born residents, cannot be possessed of dogs 100 

Forfeiture of game and shooting paraphernalia, 17,28,70,72 

Forfeiture of boats, etc 28,70,72 

Forfeitu'-e of certificate. 32 

Forfeitures of gims by unnaturalized foreign born residents, 49 

Forfeiture of dogs , 101 

Fowl, wild water, 28 

Fowl, wild water, open season. State Law, 38 

Fowl, wild water, open season for. National Law, 122 

Fox, not to be brought into this State and released, 37 

Fox, bounty on, 80 



132 INDEX. 

Page. 

Fox, squirrel, game animal, 92 

Fox squirrel, open season for, 92 

Fox squirrel, number that may be taken in one day, 93 

Fox squirrel, killed in a wild state in this Commonwealth cannot be 

bought or sold 92 

G. 

Oallinules, game birds, 28 

Game, right of the State to control 235 

Game Commission, appointment of, 11 

Game Commission, Secretary of, 13 

Game Commission, meetings of, 12 

Game Commission, duties of, 12 

Game Commission, game laws not to apply to, when acting for State, 28 

Game Commission, right to destroy vermin, 28 

Game preserves, public, owned by the State, 85 

Game preserves, public, on leased lands , S5 

Game preserves, owned by private individuals 31 

Game Protectors, appointment of 12 

Game Protectors, powers of 13,90 

Game Protectors, to take affidavit in claims for bounties without fee, 80, 81, 83 

Game Protectors, Deputy, appointment of 19 

Game Protectors, Special Deputy, appointment of, 25 

Game Protectors, tenure of olfice 12 

Game, classification of 28 

Game, forfeiture of 17,28,70,72 

Game, open season for, 37,38,92. 

Game, not to be taken except through the use of a gun 97 

Game, manner of taking, exception, 38,97 

Game, limit of number to be taken, 93 

Game, purchase and sale of certain kinds prohibited, 42.92 

Game, removal out of the State prohibited, 45 

Game, removal out of the State permitted under certain conditions, .. 45 

Game, time same may be held in possession, 43 

Game, disposition of, when seized, 17,18,70 

Game protectors must surrender all penalties to Commonwealth 

18,47,51,53,64,73,78,87,98,102 

Game, hunting of, for wages and hire prohibited , 95 

Game, acceptance of, from paid guide, prohibited, 95 

Game, ownership and control of, 235 

Game, commerce in 244 

Game, tagging of, killed in private preserves 33 

Game, in transit, 45 

Game, non-residents with license may carry out of State 46 

Game, not to be accepted by a common carrier or Express Company 
for shipment from one part of the State to another without being 

properly marked, 95 

Game, possession of, during close season, 43,44 

Gender defined 25,65 

Gnat-catcher, wild bird other than game bird, protected, 35 

Goose, M'ild game bird, . , 28 

Goose, wild, open season for. State law, 38 

Goose, wild, open season for, National law, 122 

Goose, wild, may be bought and sold during certain time 42 

Goose, wild, decoys and blinds may be used in killing 38,52 

Goose, wild, not to be killed from certain boats, 39 

Goose, wild, not to be killed in spring time, 122 



INDEX. 133 

Page. 

5oshawk, not protected, 36 

joyernor authorized to close counties to iiunting, etc 99 

irackle or blackbird, game bird, open season for 92 

Jrackle may be killed when destroying property 59 

5rass snipe or upland plover, game bird (see plover), , 28 

Great Blue Heron, wild bird other than game bird, protected, 35 

Great Horned Owl, not protected 36 

Grebe, game bird (see wild water fowl), 28,38 

Grey squirrel, game animal, 92 

Grey squirrel, open season for, 92 

Grey squirrel, number that may be killed 93 

Grey squirrel, may not be bought and sold if killed in a wild state in 

this Common'oealth, 92 

Great Horned Owl, not protected, 36 

Green Heron, wild bird other than a game bird, protected, 35 

Grossbeak, or red bird, wild bird other than game bird, protected, 35 

Grouse, game bird, 28 

Grouse, open season for 92 

Grouse, number .that may be killed 93 

Grouse, not to be killed except through the use of a gun, ., 97 

Grouse, not to be killed during the "night time," 38 

Grouse, not to be bought or sold 42,92 

Grouse, not to be removed out of the State, 45 

Grouse, not to be removed out of the State, exception 45 

Grouse, not to be killed for wages or hire, 95 

Grouse, not to be accepted by employer of guide ; 95 

Gull, wild bird other than game bird, protected, 35 

Gun, use of in taking game 97 

Gun, automatic, prohibited, -• 26 

Gun, propelling more than one bullet, pellet or ball, 40 

Gun, forfeiture of, ., 17,28,49,701,72 

Dun, disposition of when seized 17,18,49,70,72 

Gun, disposition of when seized, 17,18,49,70,72 

H. 

Hair bird, wild bird other than game bird, protected 35 

Hare, Belgian or German 92 

Hare, wild, game animal 92 

Hare, open season for, 92 

Hare number that may be killed 93 

Hare not to be taken except through the use of a gun ■ 97 

Hare, not to be hunted with ferrets, 44 

Hare, may not be bought or sold if killed in a wild state in this Com- 
monwealth, 92 

Hearings 46,53,59,63,72,77,78,86,97,102 

Hens, mud, or coot, game bird (see coot), 28 

Heron, green, wild bird other than game bird, protected, 35 

High Holder, or Flicker, wild bird other than game bird, protected, ... 35 

Hire, no hunting for 95 

Horned Owl, not protected, 36 

Horns, on deer, length of 93 

Hospital, game to be sent to 17,18,70 

Hospital, use of firearms on ground of, prohibited, 74 

Humming bird, wild bird other than game bird, protected, 35 

Hungarian quail, game bird 28 

Hungarian quail, open season for, 92 

Hungarian quail, number that may be killed, 93 



134 INDEX. 

P.-lgc. 
Hungarian quail killed in a wild state in this Commonwealth not to be 

bought or sold, 92 

Hunters', resident license, : 65 

Hunters', non-resident license 20 

Hunting, certain method only permitted, 3S,97 

Hunting, seasons for 37,38,92 

Hunting deer with dogs, prohibited, ; 40 

Hunting by residents without license prohibited, 65 

Hunting by non-residents without license prohibited, 20 

Hunting by unuaturalized foreign-born residents prohibited 48 

Hunting or chasing game on Sunday, prohibited 60,92 

Hunting for birds during the "night time" prohibited 38,120 

Hunting with automatic gun prohibited, 26 

Hunting paraphernalia, forfeited .17,25,70,72 

I. 

Importation of certain birds and animals forbidden, : 37 

Imprisonment, where penalty is not paid 48,51.54,64,71,73,79,84,99,103 

Imprisonment for second offense, 2S,r)3,61,71,7o,91 

Index to Resident Hunters' Licenses 69 

Indigo bird, wild bird other than game bird, protected S5 

Insectivorous birds, wild birds other than game birds, protected, 36 

Inspection of propagating plant, 83 

Interfering With birds' nests 37 

Interfering with officers 18,71,87 

J. 

Jack snipe, game bird , 28 

Jack snipe, open season for, .State law 37 

Jack snipe, open season for, National law, 123 

Jay bird, not protected 36 

Joint Resolution directing the publication of this pamphlet, ^. 2 

Judge of the Court of Quarter Sessions 15,24,47,54,73,87 

Junco, wild bird other than a game bird, protected 35 

Justice of the Peace and Alderman 26,46,50,53,59,63,72,78,80,81,86,87,102 

Justices of the Peace, Aldermen and Magistrates to take afSdavits in 

claims for bounties, 81 

Justices of tlie Peace, Aldermen and Magistrates not to mutilate skins 

in claims for bounties, 82 

Jurisdiction of Game Protectors, 13,17,18 

Jurisdiction of Constables 14 



Killed, dogs to be, found running deer 40 

Killed, dogs to be, found running small game , 41 

Killing deer in the water prohibited, 40 

Killing deer, except male deer with horns two inches above hair, pro- 
hibited 93 

Killing game except with a gun prohibited, 97 

Kill-deer, wild bird other than game bird, protected ,. 58 

King bird, wild bird other than game bird, protected, 35 

King fisher, not protected, 36 

Kinglet, wild bird other than game bird, protected 35 



INDEX. 135 

L. 

Land owners-, who reside thereon and cultivate, may hunt without 

license, 67 

Lark, meadow, wild bird other than game bird, protected 35 

Lark, horned, wild bird other than grame bird, protected 35 

Launches, power, prohibited in hunting wild fowl, 39 

Law, decision of Conits, 235 

Letter of transmittal, 5 

Liability of owners of dogs that run deer 41 

Liability of men who take dogs into the woods, 40 

Lick, deer, used to kill deer, proliibitetl S8 

License to take birds 29,30 

License to practice Taxidermy 29 

License to propagate game for sale, 31 

License to own or have ferrets in possession 96 

License to residents to hunt, issued by County Treasurer, 65 

License to non-residents to hunt, issued by County Treasurer 2fl 

License tag, to be displayed while hunting 66 

Limicolae, game birds 28 

Limitation in which to prosecute 47,50,53,63,73,78,97,102 

Limitation of time when game may be had in possession, 43 

Linnet, wild bird other than game bird, protected, 35 

Loon, game bird, 28 

Loon, open season for, 37 

Loon, may be bought and sold during certain time, 42 

M. 

Magistrate, duties of, 26,46,50,53.59,63,72,78,80,81,86,97,102 

Magistrates, Aldermen and Justices of the Peace to issue affidavits in 

claims for bounties, 81 

Magistrates, Aldermen and Justices of the Peace not to mutilate skins 

in claims for bounties 82 

Marking game for shi;)ment, 95 

Martin, wild bird other than game bird, pi'otected 35 

Meadow Lark, wild bird other than game bird, protected, 35 

Meeting of Game Commission, 12 

Migratory game birds protected by National Regulations 120,121,122,123 

Mink, bounty on, 80 

Misdemeanor, 47,51,54,84 

Mocking bird, wild bird other than game bird, protected, 35 

Mongolian pheasant, game bird 28 

Mongolian pheasant, open season for 92 

Mongolian pheasant, numbers that may be killed 93 

Mongolian pheasant, not to be bought or sold if killed in a wild state 

in this Commonwealth, 92 

Mounted or cured skins 36 

Mud hens, (see coot), 28 

Mutilation or removal of tags 34 

Mutilation of skins in claims for bounty by Justices of the Peace, magis- 
trates or Aldermen, prohibited 82 

N. 

Names on dogs' collars, 41 

Nests and eggs of wild birds not to be interfered with, 37 

Netting of game prohibited 38 



136 INDEX. 

Pag- 

Night hawk, wild bird other than game bird, protected, ., 3o 

Night heron, wild bird other than a game bird, protected, 35 

"Night time," hunting of game birds prohibited 28 

"Night time," hunting prohibited National regulation, 120 

Non-residents must secure a license before hunting, 20 

Non-residents holding license can carry certain game out of State, 46 

Non-protected wild birds, 36 

Notice, trespass 23,24 

Notice to owner of dogs running small game 41 

Notice to owner of dogs running deer 41 

Number of game birds and animals that may be legally killed, 93 

Nut hatch, wild bird other than game bird, protected 35 



O. 

Oath, to be taken by Game Protectors in claim for bounty without cost, SI, So 
Oath, cost of, when taken by a Justice of the Peace, Alderman or Magis- 
trate in a claim for bounty, 81 

Oath to overcome effect of prima facie eyidence, 68 

Office of the Game Commission 11 

Officers, refusing or neglecting to do their duty 16 

Officers, interference with, IS, 71, 87 

Officers, resisting arrest by, 18,71.87 

Officers, empowered to enforce Game, Fish and Forestry Laws, 90 

Offense, first, 27, 61,71, 75,91 

Offense, second 28,53, 63,71,75.91 

Ohio River, open season on, for wild fowl. National regulation, 121 

Open season for game defined v • 27 

Open season for deer 92 

Open season for grouse, 92 

Open season for Hungarian quail, 92 

Open season for English, Mongolian or Chinese pheasants 92 

Open season for woodcock 92 

Open season for quail or Virginia partridge, 92 

Open season for bear, 92 

Open season for rabbits, hare, and squirrels, 92 

Open season for raccoon, 92 

Open season for ducks, geese, and other wild water fowl. State law, — 38 
Open season for ducks, geese and other wild water fowl, National regu- 
lations, 122 

Open season for shore birds. State law, 37 

Open season for shore birds, National law, 123 

Open season for reed birds. State law, 37 

Open season for reed birds, National law, 125 

Open seasons, National Regulations 1201,121,122,123 

Ordinary certificates, 29 

Oriole, wild bird other than game bird, protected, 35 

Organizations, suggestions for forming 333 

Osprey, wild bird other than game bird, protected 35 

Owl, Great Horned, not protected, -■•■ 36 

Owls, wild birds other than game birds, protected. 35 

Owls, protected, exceptions 36 

Owners of dogs, liability for, 41 



INDEX. 137 



Pag-. 

Paraphernalia, forfeiture of, 17,28,70,72 

Partridge or quail, classification of, , 28 

Patridge or quail, open season for, 92 

Partridge or quail, number that may be legally killed 93 

Patridge or quail, not to be killed except with a gun 97 

Patridge or quail, not to be killed during the "night time," 38 

Partridge or quail, not to be killed for wages or hire 95 

Partridge or quail, not to be bought or sold, 42,92 

Partridge or quail, not to be removed from the State, 45 

Partridge or quail, time same may be trapped for special purposes 46 

Partridge or quail, time same may be held in possession 43 

Parts of game to be tagged when shipped. 9ff 

Pellet, bullet or ball, but one at single discharge at deer, 40 

Pelts of certain animals, 36,80 

Pen for catching bear, prohibited, 97 

Penalties, 16,18,19,21,24,25,27,31,^4,35,3.6,37,38,39,40,41,43,44,45,47,-19,51,52,53,57,58, 

-59,61,67,68,71,75,77,84,86,91,94,95,96,97,100,101. 

Penalties, not to apply to, 28 

Penalties, how distributed, 18,47,51,54,64,72,78,89,98,102 

Penalties, right of defendant to pay, 48,51,54,64,74,79,87,99 

Person, the word defined, 27,65 

Persons entitled to Resident Hunters' Licenses, 65 

Petition to close counties to the hunting of game, 76 

Pewee, wild bird other than game bird, protected, 35 

Pheasant, English, Mongolian or Chinese; game birds, 28 

Pheasant, open season for, ^2 

Pheasant, number that may be killed, 93 

Pheasant, ring-neck, killing of in captivity, 92 

Pheasant, not to be killed except through the use of a gun 97 

Pheasant, not to be killed during the "night time," 38 

Pheasant, not to be killed for Avages or hire, 95 

Pheasant, killed in a wild state in this Commonwealth, not to be bought 

or sold 92 

Phoebe, wild bird other than a game bird, protected, 35 

Pigeon Hawk, not protected 36 

Pileated woodpecker, wild bird other than a game bird, protected 35 

Pine squirrel, not protected, 126 

Pit fall, forbidden 38 

Plover, game birds, 28 

Plover, open season for, closed until 1918, National Law, 121 

Plover, may be bought and sold, 42 

Possession of game at certain times prima facie evidence,' 21,39,45,68 

Possession of game at certain times unlawful, 43 

Posted lands, trespassing on, ..,. 23,25 

Preserves for game owned by the State, 85 

Preserves for game leased by the State. 85 

President of Game Commission, permission of at certain times, 30 

Prima facie evidence 21,39,46,68 

Procedure at trials, 46,50,59,63,72,78,86,97,102 

Property seized, disposition of, 17,18,49,70,72 

Propagation of game, certificate for, 31 

Prosecutors, rights of 47,51,54,64,78,87,98,103 

Protection to trees and growing crops, 97 

Protectors, Game, 12,13,16,18 

Provisions of Act not to apply 28 

Public institutions in which living birds may be kept, 28 



138 INDEX. 

Page. 

Public nuisance, when dogs become, ; 41,58 

Public parks, use of firearms prohibited, 74 

Pursuit immediately following act of violating tlie law, ;. ..47,50,63,73,78,97,102 

Pursuit of bear out of season, when legal, 44 

Quail or Virginia Partridge, game bird, 28 

Quail or Virginia Partridge, open season for, etc., (see partridge), 92 

Quail, Hungarian, game bird 28 

Quail, Hungarian, open season for, etc., (see Hungarian quail) 92 

R. 

Rabbit, game animal, 92 

Rabbit, open season for, 92 

Rabbit, number that may be taken, 93 

Rabbit, not to be taken except through the use of a gun 97 

Rabbit, may be killed as protection to trees 97 

Rabbti, not to be hunted with ferrets, 44 

Rabbit, killed in a wild state in this Commonwealth cannot be bought 

or sold, 92 

Raccoon, game animal 92 

Raccoon, open season for, 92 

Railroads not to carry game out of the State, 45 

Railroads not to carry game out of State, exceptions, 45 

Railroads not to accept game for shipment unless properly marked, .. 95 

Rallidae, game birds, 28 

Rail, game birds, 28 

Rail, open season for, State law 37 

Rail, open season for. National law, (Protected until 191S), 121 

Rail, may be bought and sold 43 

Raven, not protected 36 

Receipt from Game Protector, 48,52,64,74,79,87,99,103 

Records of Aldermen and Justices 46, 50,53, 63, 73,78,98,102 

Record costs, liability for, 23 

Red bird, wild bird other than game bird, protected 35 

Red bellied woodpecker, wild bird other than game bird, protected, . 35 

Red-headed woodpecker, wild bird other than game bird, protected, 35 

Red squirrel, not protected, 125 

Redstart, wild bird other than game bird, protected, 35 

Red-winged blackbird, game bird 92 

Red-winged blackbird, open season for, etc. (see blackbird), 92 

Reed bird, game bird 28 

Reed bird, open season for. State law, 37 

Reed bird, open season for. National law, 125 

Reed bird, may be bought and sold 43 

Removal of game out of the State prohibited 45 

Removal of game out of the State prohibited, exceptions , 45 

Report of Game Commission to Governor, 12 

Reservation, game preserves, on State lands, 85 

Reservation, game preserves, on leased lands 85 

Resident Hunter's License, 65 

Resident Hunter's License to be issued by County Treasurer 66 

Resisting arrest 18,71,87 

Iiifflit of State to protect game and wild birds 235 



INDEX . 139 

Page. 

UigLit of defendant to pay penalty in settlement of charges, 

48,51,54,64,74,79,87,99,10© 

River ducks, ganae birds, 28 

Robin, wild bird other than game bird, protected 35 

Ruffed grouse, game bird, 28 

Ruffed grouse, open season for, etc., (see grouse), 92 



Sale of certain game prohibited, 42,92 

Sale of all wild birds other than game birds prohibited 35 

Sale of guns and paraphernalia, seized 17,28,49,70,72 

Salad brid or yellow bird, wild bird other than game bird, protected, S5 

Sanatorium, use of Are arms on grounds of, prohibited 74 

Sand pipers, game birds 28 

Sand pipers, open season for. State law 37 

Sand pipers, not to be killed until 191S under National law, 121 

Sap-sucker, wild bird othre than game bird, protected, 35 

Scarlet tanager, wild bird other than game bird, protected, 35 

Screech Owl, wild bird other than game bird, protected 85 

Sea ducks, game birds, 28 

Search, without warrant, 17 

Search warrant, 13,17,50 

Seasons, open, 37, 92,120, 121,122, 123 

Second offense, punishment 28,53,61,71,75,91 

Second use of tags 35 

Seizure of game, paraphernalia, dogs, etc., right of 17,28,49,70,72,101 

Sentence by Aldermen or Justices of the Peace, or Court 

46,50,53,59,63,04,72,73,78,86,97,99,102,103 

Sharp-shinned hawk, not protected, 36 

Shipment of game out of the State prohibited 45 

Shipment of game out of the State, exception, 45 

Shipment of game not properly marked, 9o 

Shipment of wild birds other than game birds, prohibited, 35 

Shore birds, game birds, 2S 

Shore birds, open season for. State law ; 37 

Shore birds, open season for. National law 123 

Shooting or chasing of game on Sunday prohibited, 92 

Shooting during the "night time" prohibited 38 

Shooting after sunset or before sunrise prohibited. National law 120 

Shooting paraphernalia, forfeited, 17,28,70,72 

Shrike, wild bird other than game bird, protected 35 

Singular and plural number defined 27,65 

Skins in claims for bounty not to be mutilated by Justices of the 

Peace, Aldermen or Magistrates 82 

Skins in claims for bounty to be split by Game Protectors 81 

Skins tanned and cured may be retained, 35 

Snaring birds or animals prohibited 38 

Snipe, game birds, 28 

Snipg, open season for, State law 37 

Snipe, open season for. National law, 123 

Snipe may be bought and sold, 43 

Snow-bird (junco), wild bird other than game bird, protected 35 

Snow-flake, wild bird, other than game bird, protected 36 

Sold or bought, certain game cannot be, 42,92 

Sold or bought, certain game can be 43 

Song birds, all wild birds other than game birds, protected 35 



140 INDEX. 

Page. 

Sparrows of all kinds, excepting English Sparrows, protected, 35 

Sparrow, English, not protected and may be killed at any time 36 

Special certificate .■ 30 

Special notice, 41, i2 

Spring time, no shooting 120,121,122,123 

Special Deputy Game Protector, 25 

Squirrel, black, fox or grey, game animals, 92 

Squirrel, black, fox or grey, open season for &2 

Squirrel, black, fox or grey, number that may be killed 93 

Squirrels, killed in a wild state in this Commonwealth may not be 

bought or sold, 92 

Starling, European, not protected, 36 

Status of game 235,244 

Streams, deer not to be killed in 40 

Suggestion for organization, 333 

Summary convictions 46,50',53,59, 63,72,78,86,97, 102 

Summary of important provisions 107 

Sunday, there shall be no shooting or chasing game on 92 

Sunday, arrests may be made on 17,50',ie2 

Sunrise, shooting at game birds before, prohibited. State law, 52 

Sunrise, shooting at game birds prohibited, National regulation, 120 

Sunset, shooting at game birds prohibited. National regulation, 120 

Swallow, all kinds, wild birds other than game birds, protected 35 

Swan, game bird, 28 

Swan, not to be killed until 1918, ^N'ational Regulation, 121 

Swan, open season for, State law, 38 

Swan, may be bought and sold at certain time, 43 

Swift, chimney swallow, wild bird other than game bird, protected, .. 35 



Table of game, time for taking, etc. , 124 

Tag, to game shipped from preserve, 33 

Tag, to be placed on game shipped from one point to another in this 

Commonwealth, 95 

Tag, not to be mutilated, 34 

Tag not to be used the second time, 35 

Tag to be returned to Game Commission 34 

Tag on dogs 41,55 

Tag, license, to be worn while hunting, 66 

Taking of game, in any manner except through the use of gun, 97 

Taking of game in any manner, exceptions, 38,97 

Tanager, wild bird other than game bird, protected 35 

Tanned or cured skins, may be held in possession 36 

Tattler, game bird, 28 

Tattler, open season for, 37 

Tattler, may be bought and sold 43 

Taxation of dogs 55 

Taxidermists, must secure license to practice 29 

Tenants, right to kill dogs ,41,58 

Tenants, right to kill rabbits destroying property 97 

Thrasher, wild bird other than game bird, protected 35 

Thrush, wild bird other than game bird, protected 35 

Tilt-up, game bird, 28 

Tilt-up, open season for, 37 

Time limit for prosecutions, 46,50,53,63,73,78,97,102 

Time may be had in possession, game, after close season 43 



INDEX. 141 

Pagf. 

Titmouse, wild bird other than game bird, protected 35 

Training dogs, season for, 42 

Training dogs on Sunday prohibited, 92 

Transportation of game out of State, prohibited, 45 

Transportation of game out of State, exception, 45 

Transportation companies, not to accept game for shipment not 

properly marked, &5 . 

Transportation of wild birds other than game birds, prohibited, 35 

Traps, for game, illegal, game not to be taken except by gun 97 

Traps, legal for taking vermin under certain conditions, 97 

Trespass on posted lands 23,25 

Turkey, wild, game birds, 28 

Turkey, wild, open season for, 92 

Turkey, wild, number that may be killed 93 

Turkey, wild, not to be bought or sold, 42,92 

Turkey call, illegal, 38 

TT. 

Unlawful to shoot at a doe or fawn at any time, 93 

Unnaturalized foreign-bora residents cannot hunt, or own guns, 48 

Unnaturalized foreign-born residents cannot be possessed of dogs, .. lOO 

Unprotected birds, list of, 36 

Unprotected animals, list of, 125 

Upland or grass plover, game bird (see plover), 2S 

V. 

Vacancy on Game Commission, 12 

Veery, wild bird other than game bird, protected 35 

Tireo. wild bird other than game bird, protected, 35 

Virginia Partridge, game bird (see partridge), 28 

W. 

Wages or hire, hunting for, prohibited. 95 

Warblers, wild birds other than game birds, protected 35 

Wardens, all Constables are 14 

Wardens, rights and duties of, 14,15 

Warrants of arrest, 13,17,18,46,50,53,63,72,78,86,97,102 

Warrants of search, 13,17,50 

Water craft certain kinds not to be used in hunting ducks 39 

Water craft, forfeiture of '. 28,70,72 

Waters, deer not to be killed in, 40 

Waxwing, wild bird other than game bird, protected, 35 

Weasel, bounty on, SO 

Whip-poor-will, wild bird other than game bird, protected, 35 

Who may hunt without Resident Hunter's License, 67 

Wild birds, other than game birds, protected, 35 

Wild birds, protected, exceptions 36 

Wild birds' nests not to be intefered with, 37 

Wild birds other than game birds not to be shipped out of the State, 35 

Wild Cat, bounty on SO 

Wild ducks and other wild waterfowl, 28,38,52 

Wild turkey (see Turkey) 28 



142 INDEX. 

Page. 

Woodcock, game bird, 28 

Woodcock, open season for, State law, 92 

Woodcock, open season for. National regulations, 123 

Woodcock, number that may be killed, 93 

Woodcock, not to be killed during the "night time," 38,120 

Woodcock, not to be killed except with a gun 97 

Woodcock, not to be killed for wages or hire 95 

Woodcock, not to be bought or sold, 42,92 

Woodcock, not to be transported out of State, 45 

Woodcock, not to be transported out of State, exceptions, 45 

Woodpeckers, wild birds other than game birds, protected 35 

Wren, wild bird other than game bird, protected, 35 

Y. 

Yellow bird, wild bird other than game bird, protected 35 

Yellow hammer, or flicker, wild bird other than game bird, protected, 35 

Yellow shanks (snipe), game bird, 2S 



Z. 

Zoological Gardens, game laws not to apply to. 



DIVISION II. 
LAWS RELATING TO FISH. 



AN ACT 

For the protection of shad and game fish in the River Act May 22 
Delaware is89. p. l. 1. 



Whereas, It is deemed advisable by the Fish Com- 
missions of New York and Pennsylvania, to protect 
the stocking of the River Delaware with shad and 
game fish, and to guard the fishing industries of the 
said river by the passage of uniform laws for the 
said river in each State, therefore. 

Section 1. Be it enacted, &c.. That hereafter no 
person or persons shall cast, draw, or fasten, or 
otherwise make use of any seine, drift net, fyke net, 
or net or nets of any other description, or use any 
other appliance for the catching of fish, except rod, 
hook and line in the Delaware river: Provided, That 
this section shall not extend to shad fishing: Pro- 
vided also. That the meshes of nets used for catching 
shad shall not be less than three inches in width, or 
one and one-half inches from knot to knot, above 
Trenton Falls: Provided also, That it shall not be 
lawful to fish for shad with nets, either shore, drift, 
gilling or dip-nets, or with any appliances whatever 
from June fifteenth to December thirty-first of any 
year, in the Delaware river above Trenton Falls. 
Any person or persons violating any of the provisions 
of this section, shall forfeit or pay the sum of one 
hundred dollars, with all costs of suit, together with 
the forfeiture of boats, nets and all appliances. 

Section 2. That hereafter no person or persons 
shall east, set, draw, fasten or otherwise make use 
of any fyke net, or nets of any kind, or device made 
from cotton or flax twine, or wire netting, similar to 
a fyke net, for the purpose of catching fish in the 
Delaware river at any time in any year. Every per- 
son so offending shall be guilty of a misdemeanor, and 
on conviction thereof shall be punished by a fine, not 
exceeding one hundred dollsirs or imprisonment in the 

( 143 ) 



Preamble. 



Fishing with 
nets prohib- 
ited. 

Not to ex- 
tend to shad 
fishing. 
Size of mesh 
above Tren- 
ton Falls. 

Fishing for 
shad with 
nets from 
.June 15th to 
December 31. 

Prohibited 
above Tren- 
ton Falls. 

Penalty. 



Use of cer- 
tain nets 
prohibited. 



Violation of 
this act de- 
clared a 
misdemea- 
nor. 



144 



GAME, FISH AND FORESTRY LAWS , 



Penalty. 



Fishing witli 
nets, etc., 
on Sunday 
prohibited. 



Penalty. 



Erection and 
use of fish- 
baskets, 
etc., prohib- 
ited. 



Wing walls, 
etc., pro- 
hibited. 



Penalty. 

Penalty for 
second of- 
fense. 



Eock-bass o 
wall-eyed 
pike not to 
be killed 
within two 
years. 



Black bass, 
etc., not to 
be caught 
between 
January 1st 
and May 
30th. 



county jail for a term not exceeding six months, or 
both at the discretion of the magistrate or court be- 
fore which such offender or offenders shall be con- 
victed, and the net or nets, devices or appliances used 
shall be destroyed by the officer making the arrest. 
Section 3. It shall be unlawful for any person or 
persons to cast, draw, drift, anchor, set, stake or 
otherwise make use of any gilling net, seine, shore- 
net, drift-net, eel pots, or any kind of net for the 
purpose of catching fish in the Delaware river from 
sunset on Saturday until twelve o'clock on Sunday 
night of each and every week ; and the person or 
persons so offending shall forfeit and pay the sum 
of one hundred dollars, together with the costs of 
suit for each and every offense. 

Section 4. It shall be unlawful for any person or 
persons to place, ibuild, erect, fasten or use any 
fish-baskets, gill-nets, or any permanently set means 
for taking fish in the river Delaware; nor shall any 
person at any time affix any nets, fish-baskets, fyke 
nets, eel racks, or any kind of appliances or set 
means of taking fish to any wing walls in the river 
Delaware. Nor shall any person or persons erect, 
build or place, or cause to be erected, built or placed, 
any wing wall, or walls of stone or of any other 
substance or material, in the river Delaware, for 
the purpose of affixing, adjusting, placing or setting 
thereto or adjacent thereto, any of the above men- 
tioned illegal devices, contrivances or appliances for 
taking fish. Any person violating the provisions of 
this law shall be fined fifty dollars for the first offense 
or* be liable to imprisonment for one month in the 
county jail, or both at the discretion of the magis- 
trate before whom the offender is convicted, and any 
person or persons so offending a second time shall 
be liable to a fine of one hundred dollars and im- 
prisonment for there months in the county jail. 

Section 5. It shall not be lawful to catch or kill 
by any means whatever, any rock bass or any wall- 
eyed pike, otherwise called Susquehanna salmon 
(species recently introduced into the river Delaware), 
within two years from the passage of this act, under 
a penalty of ten dollars for every fish caught or had 
in possession . 

Section 6. No persons shall, hy any means or de- 
vice whatsoever catch, or kill in the Delaware riv^- 
any black bass, rock bass or wall-eyed pike, commonly 



GAME, FISH AND FORESTRY LAWS, 



145 



known as Susquehanna salmon, between the first day 
of January and the thirtieth day of May in any year, 
nor shall catch or kill any of said species of fish at 
any other time during the year save with rod, hook 
and line. Any violation of this section shall subject 
the offender to a penalty of ten dollars for each fish 
so caught. 

Section 7. No person shall catch or kill in the 
Delaware river, any black bass or wall-eyed pike 
under six inches in length, or any rock bass under 
five inches in length, under a penalty of ten dollars 
for every fish so caught. But should any fish be 
taken of a less size than the above, or should any 
wall-eyed pike or rock bass of any size by taken 
within two years from the passage of this act, it shall 
be the duty of anyone taking or capturing the same 
to return the fish immediately to the water from 
whence taken. Any violation of the law shall sub- 
ject the offender to a penalty of ten dollars for each 
and every fish so caught. 

Section 8. Nothing in this act shall be so construed 
as to prevent the catching of bait fish, other than 
game fish, by means of hand or cast nets for angling 
or scientific purposes, or the catching of game fish 
by order of any member of the State Fish Commis- 
sion of any State having jurisdiction in the Delaware 
river for the purpose of stocking other waters. 

Section 9. Any fish commissioner, fish warden, 
deputy warden, sheriff, deputy sheriff, constable, po- 
liceman, or any special ofiicer of this Commonwealth, 
is hereby authorized to destroy any fish-basket, eel- 
weir, fyke net, shore-net, drift-net, dip-net, wing 
wall or wing walls, or any illegal device named in 
any section of this act, and they are hereby authorized 
to arrest forthwith any person placing, erecting, using 
or fastening them. Any person or persons interfering 
with any of the above officers in the discharge of 
their duties or resisting arrest, shall pay a fine of 
one hundred dollars or be imprisoned three months in 
the county jail, or shall be subject to both penalties 
at the discretion of the magistrate or court before 
which he or they shall be convicted. 

Section 10. Any fish commissioner, fish warden, 
deputy fish warden, sheriff, deputy sheriff, constable, 
policeman, or special officers of this Commonwealth, 
is hereby authorized to apprehend arrest and imme- 
diately take any person who may be guilty of the vio- 



And at no 
time save 
with hook 
and line. 



Black bass 
under 6 
inches in 
length and 
wall eyed 
pike under 
5 inches in 
length not 
to be 
caught. 

If caught to 
be returned 
to water. 



Penalty. 



Catching fisK 
for certain 



purposes 
allowable. 



Duties of 
fish wardens 
and other 
officers. 



Penalty for 
interfer- 
ence with 
officers. 

Officers au- 
tliorized to 
make 

arrests. 



146 



GAME, FISH AND FORESTRY LAWS. 



Hearing be- 
fore justices 
of the peace. 



Appeal. 



Application 
of flnes re- 
covered. 



l^epeal. 



lation of any of the provisions or sections of this act 
before any justice of the peace, magistrate or any 
other legally constituted authority, and thereupon 
make charge of such violation of the law or any of 
the provisions thereof, and the magistrate shall forth- 
with hear and determine the charge and render judg- 
ment accordingly, with the right of certiorari or ap- 
peal as in all similar cases of arrest and conviction, 
and in case of any failure of any fish commissioner, 
warden or any other officer named above to prove his 
case the county in which it is heard shall pay the 
costs. 

Section 11. The fines imposed under any section 
of this act shall be paid to the Treasurer of the county 
in which the prosecution shall be made and the said 
Treasurer of the several counties of the State shall 
pay over to the Commissioners of Fisheries all moneys 
forfeited and recovered by them by virtue of this act, 
and the said Commissioners shall pay over the same 
to the Treasurer of the State. ' 

Section 12. All sections, provisos or acts incon- 
sistent with this act are hereby repealed. 

Approved— The 22nd day of May, A. D. 1889. 
JAMES A. BEAVER 



A SUPPLEMENT 



To an act, entitled "An act to amend and consolidate 
the several acts relating to game and game fish," 
approved May first. Anno Domini one thousand 
eight hundred and seventy-three, to require all per- 
sons engaged in any of the manufacturing interests 
May s. 1S76, of this State, accustomed to the washing of iron 
p. L. 104. ' and other ores, and of coal preparatory to its use 

for coking, and engaged in the business of tanning, 
to prepare a tank or other suitable receptacle into 
which the sediment, culm or coal dust, the offal, 
refuse and the tan bark and liquor therefrom used 
in tanning, so far as is practicable may be pre- 
vented from passing into or upon any of the rivers, 
lakes, oonds or streams of this Commonwealth. 

Section 1. Be it enacted, &c., That section seven- 
teen of the act aforesaid be and the same is hereby 
amended so that the same shall read as follows. 



GAME FISH AND FORESTRY LAWS 



147 



namely: That all persons engaged in any of the 
manufacturing interests of this State, accustomed to 
the washing of iron and other ores, and of coal pre- 
paratory to its use for coking, or in the tanning of 
hides by a process in which vitriol is used, shall pre- 
pare a tank or other suitable receptacle into which 
the culm or coal dirt, the offal, refuse and the tan 
bark and the liquor, or the water therefrom, may- 
be collected so that the sediment therefrom so far as 
is practicable, may be thereby prevented from passing 
into or upon any of the rivers, lakes, ponds or streams 
of the Commonwealth, under a penalty of fifty dol- 
lars for each offense, in addition to liability for all 
damages he or they may have done to any individual 
owners or lessees on such waters. 

Section 2. Whenever any constable or other officer 
making complaint in good faith of the violation of 
any of the provisions of this tlct, shall fail to recover 
the penalty or penalties ruentioned in the seventeenth 
section of the act to which this is a supplement, in 
any prosecution or suit commenced by such constable 
or other ofiicer, pursuant to the foregoing section of 
this or the act to which this is a supplement, the 
costs of suit recovered by him or them shall be a 
charge upon the proper county and shall be allowed 
as other county charges are audited and allowed ; 
and whenever the plaintiff or prosecutor is a private 
citizen, the costs shall abide the event of the suit 
or prosecution, and be paid as in other cases, and 
that section thirty-three of the act of first of May, 
Anno Domini one thousand eight hundred and seventy- 
three, be and the same is hereby repealed. 

Approved— The 8th day of May, A. D. 1876. 

J. F. HARTRANFT. 



Manufac- 
turers to pre- 
pare tank, 
for reception 
of coal dirt, 
etc. 



Penalty. 



When consta- 
bles' costs to 
be charged 
upon county. 



When costs 
to abide 
event of suit. 



Repeal. 



AN ACT 

Relative to the appointment of police for corporations r^l. 'ss. ' 
organized under the laws of this Commonwealth, 
for the preservation and propagation of fish. 

Section 1. Be it enacted, &c.. That any corpora- Fish corpora- 
tion organized under the laws of this Commonwealth *^p°? focf 
for the preservation and propagation of fish in this ||ce" 
Commonwealth, may apply to the Governor to com- 



148 



GAME, FISH AND FORESTRY LAWS. 



Governor to 
appoint. 



Police to 
take oath. 



Powers of 
police. 



To wear 
shield. 



Compensa- 
tion. 



When ser- 
vices no 
longer re- 
quired. 



mission such person as tlie said corporation may desig- 
nate, to act as policemen for the protection of the 
property of such corporation. 

Section 2. The Governor, upon such application, 
may appoint- such persons, or so many of them as 
he may deem proper, to be such policemen, and shall 
issue to r.uch person or persons so appointed a com- 
mission to act as such policemen. 

Section 3. Every policemen so appointed shall, 
before entering upon the duties of his office, take and 
subscribe the oath required by the eighth article of 
the Constitution, before the recorder of the county in 
which the property of said corporation may be situ- 
ated, which oath, after being duly recorded by such 
recorder, shall be filed in the oflice of the Secretary 
of State, and a certified copy of such oath, made by 
the recorder of the county, shall be recorded with 
the commission in the county in which the property 
of such corporation, for which such policeman is 
appointed, may be situated, and in which it is in- 
tended said policeman shall act; and such policeman 
so appointed shall severally possess and exercise all 
the powers of policemen in the county in which they 
shall be so authorized to act as aforesaid, and the 
keepers of jails and lock-ups or station houses in 
said county are required to receive all persons ar- 
rested by such policeman for the commission of any 
offense against the laws of this Commonwealth upon 
the premises of any such corporation, to be dealt 
with according to law. 

Section 4. Such corporation police shall, when on 
duty, severally wear a metallic shield with the word 
"police" and the name of the corporation for which 
appointed inscribed thereon, and said shield shall 
always be worn in plain view, except when employed 
as detectives. 

Section 5. The compensation of such police shall 
be paid by the corporation for which the policemen 
are respectively appointed, as may be agreed upon be- 
tween them. 

Section 6. Whenever any corporation shall no 
longer require the services of any policemen as afore- 
said, they may file a note to that effect under their 
corporate seal, attested by their secretary, in the 
oflBce where the commission of such policeman has 
been recorded, which shall be noted by the recorder 
upon the margin of the record where such commis- 



GAME, FISH AND FORESTRY LAWS 



149 



sion is recorded, and thereupon the power of such 
policemen shall cease and be determined. 
Approved— The 10th day of June, A. D. 1881. 

HENRY M. HOYT. 



Department 
of Fisheries. 



Fisheries 

Commission. 



AN ACT 

To establish a Department of Fisheries, to provide ^^g^^p^'^ 
for its proper administration, and to provide for {2s' 
the pratection and propagation of fish by the De- 
partment of ' Fisheries. 

Section 1. Be it enacted, &c.. That there be, and 
is hereby established a Department of Fisheries, to 
consist of a Commissioner of Fisheries and four other 
citizens of the Commonwealth, who together shall 
constitute the Fisheries Commission, each of whom 
shall be appointed and commissioned by the Governor, 
by and with the consent of the Senate, the Commis- 
sioner of Fisheries, for a term of four years, two of 
the said citizens for a term of two years, and two 
of said citizens for a term of four years, and there- 
after all appointments shall be made by the Governor, 
by and with the advice and consent of the Senate, for 
a term of four years. The persons so appointed, be- 
fore entering upon the discharge of their duties shall 
each take and subscribe to the oath of office pre- 
scribed by article seven of the Constitution of Penn- 
sylvania. The Commissioner of Fisheries, and the 
Fisheries Commission, so appointed, shall be clothed 
with all the powers heretofore conferred by law, re- 
spectively, upon the Board of Fish Commissioners, bo 
far as the same are consistent with the provisions of 
this act. 

Section 2. The Commissioner of Fisheries shall be 
the President and executive officer of the Fisheries 
Commission, and shall also be chief superintendent 
of all hatching-stations and fish-cultural establish- 
ments belonging to the State ; and he shall have full 
control and management of all such establishments, 
now existing or which may hereafter be established ; 
and he shall have full control, direction and manage- 
ment of all fish-wardens or water-bailiffs ; and he shall 
assume full charge of the work of the enforcement 



Oath of 

(jltice. 



Powers. 



The Com- 
missioner to 
be president, 
executive 
officer and 
chief super- 
intendent. 



15§ 



GAME, FISH AND FORESTRY LAWS. 



Duties of 
Fisheries 
Commission. 



Salary of 
Commis- 
sioner of 
Fisheries. 



Office. 



Clerk. 



Stenogra- 
pher. 



of the laws relating to the protection, propagation and 
distribution of fish and all fish-wardens, constables, 
police, sheriffs, and guardians of the peace, ^ shall 
make prompt report to him of ail cases of violation of 
the laws relating to fish . 

Section 3. It shall be the duty of the Fisheries 
Commission to encourage and promote the develop- 
ment of the fishery interests of the State, and to 
obtain and publish information respecting the extent 
and condition of the fisheries of the Commonwealth, 
and to make all rules and regulations for the enforce- 
ment of all laws designed for the protection, extension 
and propagation of fish ; and it is empowered to em- 
ploy such legal and other service as may be necessary 
for the protection of fish, and for the apprehension 
and punishment of persons who may violate any of 
the laws relating to fish, or any of the rules and 
regulations Avhich, under the powers herein given, 
may be adopted by the said Commission. 

Section 4. The Commissioner of Fisheries shall re- 
ceive a salary of three thousand dollars per annum, 
payable quarterly, by warrant drawn by the Auditor 
General on the State Treasurer, and in addition 
thereto shall be reimbursed for all necessary expenses 
of travel, which may be incurred in the discharge 
of the duties of his office ; and the other members of 
the Commission shall serve without salary, but shall 
be reimbursed for all necessary expenses incurred by 
them in the performance of the duties of their office. 

Section 5. The Fisheries Commission shall have 
an office in the State Captol, and it shall be the duty 
of the Board of Commissioners of Public Grounds 
and Buildings to provide, from time to time, the 
necessary rooms, furniture apparatus and supplies for 
the use of the Department of Fisheries, created under 
the provisions of this act. 

Section 6. The Commissioner of Fisheries shall 
have the power to employ one clerk, at a salary of 
twelve hundred dollars per annum ; one stenographer, 
at a salary of six hundred dollars per annum ; said 
salaries to be paid monthly, by warrants drawn by 
the Auditor General on the State Treasurer. 

Section 7 . This act shall take effect on and after 
the first Monday of June, one thousand nine hundred 
and three. 



GAME FISH AND FORESTRY LAWS 



151 



Section 8. That all acts or parts of acts inconsist- 
ent with the provisions of this act be and the same 
are hereby repealed . 

Approved— The 2d day of April, A. D. 1903. 

SAML. W. PENNYPACKER. 



Repeal. 



AN ACT 

To regulate the catching or taking, within this Com- ^q^^p' 
monwealth, of bullfrogs and terrapin, and providing 155 ' 
a penalty therefor. 



Section 1. Be it enacted, &c.. That from and after 
the passage of this act, it shall be unlawful to catch, 
take or kill any bullfrogs, only from the first day 
of July to the first day of November, and terrapin 
save only from the first day of November to the fif- 
teenth day of March, in each year. 

Section 2. Any person or persons offending against 
the provisions of this act shall be liable to a fine 
of twenty-five dollars for each and every offense, 
which shall be payable to the school district in which 
such offense is committed, and may be sued for and 
recovered before any alderman or justice of the peace 
of the proper county. 

Approved— The 6th day of April, A. D. 1903. 
SAML. A. PENNYPACKER. 

Under an opinion of the Attorney General the snap- 
ping turtle is not classed as terrapin. 



Bullfrogs 
and terra- 
pins. 

Open season. 



Fine. 



152 GAME, FISH AND FORESTRY LAWS, 



AN ACT 

1909 ^^jj^^' To classify the fish in the waters within this Com- 
353/ ' ^' monwealth ; declaring which are game fish, which 

are food fish, and which are bait fish, and to regu- 
late the catching and sale and encourage the pro- 
pagation of the same, to protect the waters within 
this Commonwealth from unfair, improper, waste- 
ful and destructive fishing, and to protect the fish 
from being destroyed or injured by destructive 
means ; to provide for the appointment of fish-war- 
dens, and to declare their official powers and duties; 
to encourage and regulate the propagation of fish 
within this Commonwealth, and to regulate the 
free distribution of the same by the Department of 
Fisheries, in the waters within the same; to define 
powers and duties of the Department of Fisheries ; 
to regulate the sale and shipment of fish artifically 
propagated for profit; to forbid the sale of unlawful 
devices for catching fish ; and to provide penalties 
•and punishments for the violation of the provisions 
of this act, and providing how and by whom the 
costs shall be paid. 
Species of Section 1. Be it enacted, &c.. That the fish with- 

^^^- in this Commonwealth are hereby designated and 

classified, for the purposes of this act, as follows: 
to wit. The following are classified as game fish: 
Oharr, commonly called brook trout, all species of 
Game fish. trout, and of the salmon family, blue pike, pike- 
perch, otherwise known as Susquehanna salmon, or 
wall-eyed pike; pickerel, western pike; muscallonge ; 
small-mouthed bass, otherwise called black bass; 
large-mouthed bass, otherwise called Oswego, green or 
yellow bass, crappie, grass, strawberry, or calico 
bass; white bass; rock bass, otherwise known as 
red-eye, or goggle-eye; and all other species or varie- 
ties of fresh water fish, called or commonly known 
as bass, except striped bass, or rock fish, and fall 
Bait fish. fish. The following are classified as bait fish; to wit. 
All forms of minnows, all forms of killifishes and 
stone catfish. That all other species or variety of 
Food fish. fish, whatsoever, in the waters within this Common- 

wealth, are hereby classified as food fish. 



GAME FISH AND FORESTRY LAWS. 



153 



Section 2. Tiiat it shall be unlawful to use any 
device, means, or method whatsoever, for taking fish 
from the waters within this Commonwealth, except 
the following; to wit. For game fish, with rods and 
lines, or with hand-line, and for pickerel and yellow 
perch, also with tip-up, and for suckers, through the 
ice, with pole and burr hook; for bait fish in any 
manner or at any time, except by use of poison or 
explosives; for food fish, with rods and lines and 
hand-line, at any time of the year; outline, otherwise 
called set line; dip-net, eel-pot, or fyke net, each 
without wings, a seine, or a fish-basket: Provided, 
That nothing herein shall be held to apply to fishing 
with rod and line or hand-line, unless the person 
fishing therewith shall have in possession any fish 
which may not lawfully be caught: And provided, 
That no device except a single rod and line shall be 
used by any person in waters inhabited by charr, or 
trout, except that in such waters suckers may be 
taken with pole and burr hook: And provided fur- 
ther. That in streams, not inhabited by trout, eels, 
carp, suckers, and mullets may be taken by the use 
of gig or spear, during the months of July, August, 
September and October of each year: Provided 
further. That no person shall use, when fishing for 
pickerel or yellow perch, more than eight tip-ups. 
Provided also. That both rods and lines or hand-line 
shall not have attached to it more than three hooks, 
and that one burr of three hooks shall be considered 
as one hook: Provided further, That the nets and 
devices, desci-ibed hereinbefore as legal, may also be 
used under the conditions and regulations hereinafter 
set forth ; but that nothing herein shall be held to for- 
bid the use of the gaff or the landing-net to assist 
in landing fish already caught by lawful devices: Pro- 
vided further, That no fishing of any kind, or with 
any device, shall be done by any person or persons 
on the first day of the week, commonly called Sunday. 
Any person violating any of the provisions of this 
section, shall, on conviction as provided in section 
twenty-seven of this act, be subject to a penalty of 
twenty dollars, except as hereinafter otherwise pro- 
vided . 

Section 3. That it shall be unlawful to fish for, 
or have in possession, the same being killed, charr, 
commonly called brook trout, or any species of trout 
except lake trout, from the first day of August to 



Lawful man- 
ner of fish- 
ing. 



Proviso. 

Illegal pos- 
session. 

Proviso. 

Devices in 
trout waters. 

Proviso. 

Eels, carp, 
suckers and 
mullets. 

Proviso. 

Tip-ups. 

Hooks. 

Proviso. 

Gaff and 
landing net. 

Proviso. 

Sunday fish- 
ing prohib- 
ited. 

Violations. 

Penalty. 

Trout. 

Open season. 



154 



GAME, FISH AND FORESTRY LAWS. 



Blue pike, 
pike-perch, 
pickerel and 
yellow perch. 



Length of 
fish which 
may be le- 
gally caught. 



Number 
which may 
l)e legally 
taken. 

Violations. 

Penalty. 

Proviso. 

Limit of 
penalty. 



Replaced 

Hsh. 



Pyke nets 
and eel pots. 



the fourteenth day of April next ensuing, both in- 
clusive, except as provided in section eleven of this 
act; or blue pike, pike-perch, otherwise called wall- 
eyed pike or Susquehanna salmon, and pickerel and 
yellow perch, from the first day of January to the 
fourteenth day of June, both dates inclusive; or any 
other game fish, from the first day of December to the 
fourteenth day of June next ensuing, both inclusive. 
It shall be unlawful also to catch and kill, or have in 
possession, the same being killed, any white bass, 
rock bass, crappie, strawberry, or calico bass, or any 
yellow perch ; charr, otherwise called brook trout ; or 
any species of trout, except lake trout, less than six 
inches in length ; any black bass or small-mouthed 
bass; large-mouth bass, otherwise called Oswego, or 
yellow bass; striped bass, otherwise called rock fish, 
lake or salmon trout, less than eight inches in length ; 
or any blue pike, pike-perch, otherwise called wall- 
eyed pike, or Susquehanna salmon, or any pickerel, 
less than twelve inches in length ; or any muscallonge 
or western pike, less than twenty-four inches in 
length ; or any sturgeon less than five feet in length ; 
and the measurement of said fish shall be from the 
tip of nose to the tip of tail ; and it shall be unlawful 
for any one person to catch, kill, or have in posses- 
sion, the same being killed, more than forty charr, 
or trout ; or more than twelve small or large-mouth 
bass; or more than twenty-five rock bass, white bass, 
calico bass, crappie, pickerel, blue pike, or pike- 
perch ; or more than four muscallonge or western 
pike, in any one day. Any person violating any of 
the provisions of this section, shall, on conviction as 
provided in section twenty-seven of this act, be sub- 
ject to a penalty of ten dollars for each and every fish 
so taken, caught, or had in possession: Provided, 
however. That no penalty in the aggregate shall ex- 
ceed one hundred dollars: And provided further, That 
no penalty shall be imposed if any fish, caught in 
violation of any provision of this act, is returned at 
once to the water from which it was taken, in the 
condition in which it was captured. 

Section 4. It shall be unlawful to use fyke nets, 
eel pots, and dip nets from the first day of June to 
the thirtieth day of June, inclusive, except as pro- 
vided in section five of this act; and it shall be un- 
lawful to use nets from the first day of July until 
thirty-first day of May of the year next ensuing, both 



GAME FISH AND FORESTRY LAWS. 



155 



dates inclusives, except for the capture of eels, cat- 
fish, suckers, mullets, and carp: Provided, That dip 
nets shall have meshes not less than two and one-half 
inches stretched measure, while being fished, or one 
and one-quarter inches from knot to knot; and that 
no fyke net, commonly called set net, or any eel pot, 
shall have any wings attached to either of them, or 
be set or fastened to any wing-walls, or within ten 
feet of ;my wing-walls, or be set within ten feet of 
each other, and the space between each net shall be 
free from all obstructions for the free passage of fish ; 
or for any fyke net or eel pot to have an entrance into 
the funnel thereof of more than six inches, or with an 
outside diameter of the mouth of more than thirty 
inches, horizontal measurement; nor shall such nets 
be used in any streams inhabited by trout, at any time 
of the year; nor shall any such nets be set, fastened, 
or used from Saturday noon until Monday morning at 
six o'clock of the week next ensuing: Provided fur- 
ther. That each fyke net or eel pot must have fastened 
thereon a metallic tag bearing the name and residence 
of the owner thereof. Any person violating any of 
the provisions of this section, shall, on conviction as 
provided in section twenty-seven of this act, be sub- 
ject to a penalty of twenty dollars, together with the 
forfeiture of all boats, nets and other appliances used, 
to the Department of Fisheries. 

Section 5 As amended by Act of June 3rd, 1911. 
P. L. 560. 
Section 5. It shall be unlawful to fish for herring, 
or alewife, or shad, excepting with rod and line, hand- 
line, or with a haul seine, sometimes called a shore 
seine ; or with a dip net, or with a hold-in net, some- 
times called a moon-rake, the meshes of which shall 
not be less than two and one-half inches stretched 
measure, or one and one-quarter inches from knot 
to knot while being fished; or for sturgeon, with nets, 
the meshes of which shall not be less than thirteen 
inches while being fished ; and it shall be unlawul to 
use said nets for shad, herring, or alewife from the 
twentieth day of June to the first day of March of 
the year next ensuing: Provided, That nothing in 
this section shall be construed as to forbid the catching 
of carp and other food fish of legal size or weight, ex- 
cepting sturgeon, in such nets while being legally 
used for the catching of shad or herring or alewife. 
Any person violating any of the provisions of this 



Proviso. 



Sizes of 
mesla. 



Wing-walls. 



Diameter of 
mouth. 



Proviso. 

Tag. 

Violations. 
Penalty. 
Forfeiture. 



Herring, 
ale-wife and 
sh?.d. 

Seines and 
nets. 



Sturgeon. 
Close season. 
Proviso. 



Carp and 
food fish. 



Violations. 



156 



GAME, FISH AND FORESTRY LAWS. 



Penalty. 



Outlines, 



Close season. 

Open season; 
carp, suck- 
ers, mullets, 
catfish and 
eels. 

Proviso. 

"Weighted. 

Limit of 
snoods. 



Legal hours. 



Tags. 

Eeturn of 
fish illegally- 
taken. 

Trout 
waters. 

Violations. 



Penalty. 



section shall, on conviction thereof as provided in sec- 
tion twenty-seven of this act, be subject to a penalty 
of one hundred dollars, and shall forfeit to the Depart- 
ment of Fisheries all nets, boats and appliances used. 
Section 6. That it shall be unlawful to fish for 
fish of any kind in the waters of this Commonwealth, 
with outlines, commonly called set lines, or lines 
fastened or anchored at both ends, from the first day 
of December until the first day of June in the year 
next ensuing, both dates inclusive. It shall be lawful 
for any person to use and operate such outlines, as 
described in this section, from the first day of June 
to the thirtieth day of November next ensuing, both 
dates inclusive, for the capture of carp, suckers, mul- 
lets, catfish and eels only: Provided, That said out- 
lines be sunk to the bottom, and be so weighted that 
the hooks shall rest upon the bottom, and that cut 
or dead bait only shall be used: Provided further. 
That no one person shall use or attach to said out- 
lines, in the aggregate, more than one hundred snoods, 
with not more than one hook attached to each: And 
provided. That during the season or period when it 
shall be lawful to operate outlines, for the capture of 
the fishes aforesaid, it may only be done from five 
o'clock in the evening until seven o'clock in the morn- 
ing next ensuing, when said outlines must either be 
removed entirely from the water or the snoods or bait 
be detached and removed, unless it is shown to the 
satisfaction of the court that it was a physical im- 
possibility to comply with this provision: And pro- 
vided further. That the owner or operator of such 
outlines must either be present and exercise super- 
vision over them or have attached to each line thereof 
a metallic tag bearing the name and address of the 
owner: Provided further. That any fish 'other than 
those named in this section, when caught on such 
lines, shall be immediately removed therefrom and set 
free into the waters from which they were taken: 
And provided further. That no outline shall be set 
or operated in any waters inhabited by trout. Any 
person violating any of the provisions of this section, 
shall, on conviction thereof as provided in section 
twenty-seven of this act, be subject to a penalty 
of twenty dollars,, and shall forfeit to the Department 
of Fisheries all lines, boats, and other appliances 
used. 



GAME, FISH AND FORESTRY LAWS. 



lo: 



Section 7. That it shall be unlawful for any per- 
son or persons to place any device or object in the 
waters, within this Commonwealth, in such a manner 
as to obstruct the migration or passage of fish therein, 
or to obstruct any fishway ; or to fish with nets or 
devices whatsoever, excepting rods and lines, within 
four hundred feet of any dam or fishway, or such dis- 
tance as may be determined by the Commissoiner of 
Fisheries, such determination to be plainly posted 
upon the fishway or adjacent shores ; and any ob- 
struction not permitted by existing laws, when found, 
shall be removed forthwith by any Fish Commissioner, 
fish warden, sheriff or other peace officer; and no 
rods and lines shall be used for fishing within one 
hundred feet of the upper or lower end of any fishway. 
Any person violating any provisions of this section, 
shall, on conviction thereof as provided in s'^ction 
twenty-seven of this act, be subject to a penalty of 
fifty dollars. 

Section 8. Providing for the taking of eels, etc., 
through the use of fish-baskets, was repealed by the 
act of May 31st, 1913. P. L. 392. 

Section 9. That any person, company, or corpora- 
tion owning or maintaining a dam or dams, or who 
may hereafter erect or maintain a dam or dams in the 
waters of this Commonwealth, shall immediately, on 
a written, order from the Commissioner of Fisheries, 
erect therein such chutes, slopes, fishways, gates, or 
other device as the Board of Fishery Commissioners 
may decide necessary, to enable the fish to ascend and 
descend the waters at all seasons of the year ; and 
every such chute and other device, as aforesaid, shall 
be maintained, open and in good order and repair, by 
the person, company, or corporation owning or main- 
taining such dam, until said dam is removed, raised, 
or rebuilt; and any person, company or corporation 
refusing or neglecting to comply with the provisions of 
this section, within three months from the date of 
such notice, shall forfeit and pay the sum of fifty 
dollars for every month he or they so neglect, which 
sum or sums shall be recovered by civil suit and pro- 
cess, in the name of the Commonwealth, and when 
collected shall be paid by the Commissioner of Fish- 
eries into the Treasury of the Commonwealth. If, 
after the lapse of three calendar months, the person, 
company or corporation owning or maintaining said 
dam or dams still neglect or refuse to erect or place. 



Obstructions 
of migra- 
tion, or fish 
ways. 

Fishing near 
dam or fish- 
way. 



Violations. 
Penalty. 



Dams. 



Chutes, 
slopes, fish- 
ways, gates 
etc. 



Fine. 



Neglect or 
refusal. 



158 



GAME, FISH AND FORESTRY LAWS. 



Powers of 
Board. 



Proviso. 



Cost of con- 
struction. 

Proviso. 

Closing for 
repairs, etc. 



Bar rack at 
race-way, 
flume or 
inlet. 

Neglect or 
refusal. 



Powers of 
Board. 



or maintain UHchanged, open and in good order and 
repair, the appliance or appliances as directed by the 
Commissioner of Fisheries, the said commissioner is 
empowered to enter upon such dam or dams, and erect 
such slopes, chutes, lishways or gates, or make such 
repairs as may have been directed as aforesaid ; and 
the cost thereof shall be charged against the person, 
company or corporation owning or maintaining such 
dam or dams, to be recovered by the Commissioner 
of Fisheries by civil suit and process, in the name of 
the Commonwealth: Provided, That where, by rea- 
son of any dam or dams having been constructed 
prior to any requirement by law of the placing of 
chutes, slopes or fishways therein, or for any other 
reason, the owner or owners of, or person or persons 
maintaining, such dam or dams cannot be compelled 
by law to pay the cost of erecting such slopes, chutes, 
and fishways by the Commissioner of Fisheries, as 
provided in this section, shall be paid by the Com- 
monwealth of Pennsylvania, out of such funds as may 
be appropriated and provided further, that the chutes 
and other devices aforesaid may be closed for repair, 
or in time of low water, but such closing shall be 
only for a period of thirty days at any one time. 

Section 10. That from and after the passage of 
this act, any person, company or corporation owning 
or operating a raceway, flume or inlet pipe, leading 
to a water wheel, turbine, pump or canal, shall, im- 
mediately upon receipt of a written order from the 
Commissioner of Fisheries, place and maintain a bar 
rack, of not less than one inch nor more than one 
and one-half inch space between the bars in or near 
such raceway, flume, or inlet pipe, sufficient to pre- 
vent fish from entering therein. Any person, com- 
pany, or corporation refusing or neglecting to comply 
with such order for a period of one month shall forfeit 
and pay the sum of fifty dollars, which shall be re- 
covered by civil suit and process, in the name of the 
Commonwealth, and when collected shall be paid by 
the Commissioner of Fisheries into the State Treas- 
ury. If one month after notification, the person, 
company, or corporation, owning or operating such 
raceway, flume, or inlet pipe, has not placed such bar 
rack, as may have been directed, the Commissioner 
of Fisheries is empowered to enter upon such raceway, 
flume, or inlet pipe, and place such barrack of not 
less than one inch nor more than one and one-half 
inch space between the bars ; the cost thereof shall 



GAJklE, FISH AND FORESTRY LAWS. 



159 



be charged against the said person, company, or cor- 
poration, and, if not promptly paid, such cost may 
be recovered by civil suit and process, in the name of 
the Commonwealth. 

Section 11. That hereafter before any person or 
persons, corporation or corporations, or partnership, 
limited or unlimited, shall engage in the artificial pro- 
pagation of any species of game fish or food fish, for 
the purpose of selling the same, the said person or 
persons, corporation or corporations, or partnership, 
limited or unlimited, shall first apply to the Depart- 
ment of Fisheries for a license ; and said person or 
persons, corporation or corporations, or partnership, 
limited or unlimited, shall fill out blanks supplied by 
the Department of Fisheries, setting forth answers 
to any questions which the said Department of Fish- 
eries may put with reference to the size, character 
and purpose of said plant; and if such answers 
promise and undertake that the applicant will con- 
duct the business applied for according to law, and 
that no dams, ponds, or other devices, which will 
prevent the free migration of fish, are to be erected 
or placed by such applicant in any stream flowing 
over his or their property, and that the ponds on 
said plant are to be for commercial purposes, the 
said person or persons, corporation or corporations, 
or partnership, limited or unlimited, shall then pay a 
license fee of ten dollars to the Department of Fish- 
eries. Thereupon the said Department of Fisheries 
shall issue a license to said person or persons, cor- 
poration or corporations, or partnership, limited or 
unlimited, to carry on the business of propagating and 
selling any species of game fish or food fish, or the 
eggs thereof, during the calendar year, that the holder 
or holders of said license may catch or kill game 
fish and food fish, from the ponds on their property, 
in any manner whatsoever, except with explosives 
or poisonous substances ; or they may sell or dispose 
of, in any manner whatsoever, any species of such 
game fish or food fish, or the eggs thereof, at any 
time of the year ; and express or railroad companies 
may carry and transport the same: Provided, That 
no fish shall be caught out of any stream flowing 
over the property of such person or persons, corpora- 
tion or corporations, or partnership, limited or un- 
limited, holding such license, except in accordance 
with the provisions of sections two and three of this 



Artificial 
propaga- 
tion. 



Application 
for liceuso. 



License fee. 



Lawful fish- 
ing. 



160 



GAME, FISH AND FORESTRY LAWS, 



Certificate 
or invoice. 



Annual 
statement. 



Trout eggs. 



Violations. 



Penalty. 



Purchase or 
sale of 
brook trout. 



act: Provided, That with each sale of any species of 
game fish or food fish there shall be furnished the 
purchaser a certificate or invoice of sale bearing the 
date of sale, the number of the license, the number of 
fish or the number of pounds sold, or both, which said 
certificate or invoice must be shown by the holder 
on demand, to any fish warden, clerk of the market, 
constable, or person authorized to make arrests for 
violation of the laws relating to fish and fishing within 
this Commonwealth ; and the said certificate or invoice 
shall hold good for the period of six days from the 
date thereof. Any person or persons, corporation or 
corporations, or partnership, limited or unlimited, 
holding a license for conducting an establishment for 
the propagation of any species of game fish or food 
fish, shall mail a sworn statement, in writing, to the 
Department of Fisheries annually, on the first day of 
December, of the number of pounds and the number 
and value of game fish and food fish, or the eggs 
thereof, sold and disposed of during the year ; and the 
property and books of said person or persons, cor- 
poration or corpora tins, or partnership, limited or 
unlimited, engaged in the propagation and sale of any 
species of game fish or food fish, or the eggs thereof, 
under the provisions of this section, shall be open to 
inspection by the Commissioner of Fisheries at all 
times ; and said person or persons, corporation or cor- 
porations, or partnership, limited or unlimited, shall 
not in any manner stock or maintain their establish- 
ments by any species of charr, trout, or charr or trout 
eggs, taken fd'om any waters within this Common- 
wealth, not owned, occupied or controlled by them, 
excepting that they may exchange such eggs or the 
fry ©f any species of trout, or other game or food fish, 
with the Department of Fisheries. Any person or 
persons, corporation or corporations, or partnership, 
limited or unlimited, violating any of the provisions 
of this section, shall, on conviction thereof, be subject 
to a penalty of one hundred dollars for each and 
every offense, as provided in section twenty-seven of 
this act. 

Section 12. That it shall be unlawful for any 
proprietor, manager, clerk, or agent of any market, 
hotel, boarding-house, eating-house, restaurant, or sa- 
loon, or any person, company, or corporation, in this 
Commonwealth, to purchase, sell, or expose for sale 
any charr, commonly called brook trout, or any 



GAME, FISH AND FORESTRY LAWS, 



161 



■species of trout ; or contract with or employ any per- 
son or persons to catch and keep such fish for him 
or them, by the day or otherwise: Provided, That 
nothing in this section shall be so construed as to pre- 
vent any person, company, or corporation from sell- 
ing charr, commonly called brook or speckled trout, 
or any f-pecies of trout, bred or raised artificially, 
under the provisions of section eleven of this act: 
And provided further. That nothing in this section 
shall be so constraed as to prohibit any person or per- 
sons from employing a guide to accompany him or 
them when fishing. Any person violating any of the 
provisions of this section, shall, on conviction as 
provided in section twenty-eight of this act, be sub- 
ject to a fine of twenty dollars for each and every 
offense so committed. 

Section 13. That it shall be unlawful to purchase, 
sell, or offer for sale, or have in possession, any 
fresh dead game fish, wherever caught, within this 
Commonwealth, or any fresh dead food fish, caught in 
the waters within this Commonwealth, except during 
the laAvful period for catching the same, and the 
space of six days after such period has expired: Pro- 
vided however. That nothing herein shall be so con- 
strued as to prohibit the sale of food or game fish, 
artificially propagated, by any person or persons 
under the provisions of section eleven of this act. 
Any person or persons violating any of the provisions 
of this section, shall, on conviction thereof as pro- 
vided in section twenty-seven of this act, be subject 
to a penalty of ten dollars for each fish. 

Section 14. That it shall be unlawful to fish, or 
trespass with intent to fish, in or upon any waters, 
or beds or banks of any waters, or any lands con- 
trolled, owned or occupied by the Department of Fish- 
eries ; or wilfully and maliciously destroy or damage 
any ponds, property, or appliances whatever, of the 
said Department ; or to interfere or obstruct, pollute 
or diminish, the natural flow of water into or through 
such State hatchery or lands. Any person or persons 
violating any of the provisions of this section, shall, 
on conviction thereof in accordance with section 
twenty-seven of this act, be subject to a penalty of one 
hundred dollars or six months imprisonment, or both. 

Section 15. That any domestic birds or fowls tres- 
passing on any waters or lands controlled, used, or 
occupied, entirely for the artificial propagation of 

11 



Proviso. 



When arti- 
ficially prop- 
agated. 

Guides. 

Violations. 

Fine. 



Purchase, 
sale, or pos- 
session out 
of season. 



Proviso. 



Artificially 
propagated. 



Violations. 



Penalty. 

Trespass on 

hatchery 

waters. 



Violations. 



Penalty. 

Domestic 
birds and 
fowls. 



162 



GAME, FISH AND FORESTRY LAWS, 



Proviso. 



Wild brids 
and animals. 



Fishing with 
electricity, 
poison, or 
explosives. 



Pollution of 

waters. 

Engineering 

purposes. 

Violations. 



Pine. 

Carnivorous 



Violations. 
Fines. 



fish, may be killed by the owner or occupant thereof, 
or his agent in charge of the same, after having given 
five days' notice to the owners of said birds to pre- 
vent such trespassing: Provided further. That said 
owner or owners, occupant or agent, shall have the 
right to kill any wild birds or wild animals destruc- 
tive to fish life whenever found on such grounds. 

Section 16. That it shall be unlawful for any per- 
son to put or place in any waters within the Com- 
monwealth any electricity, or any explosive or poison- 
ous substances whatever, or any drug or any poisoned 
bait, for the purpose of catching, taking, killing, or 
injuring fish ; or to allow any dye-stuff, coal or gas 
tar, coal oil, saw dust, tan bark, cocculus indicus 
(otherwise known as fish berries), lime, vitrol, or any 
of the compounds thereof, refuse from gas-houses, 
oil-tanks, pipes, or vessels, or any deleterious, de- 
structive, or poisonous substances of any kind or char- 
acter, to be turned into, or allowed to run, flow, 
wash, or be emptied into, any of the waters afore- 
said, unless it is shown to the satisfaction of Com- 
missioner of Fisheries, or the court, that every reason- 
able and practicable means have been used to pre- 
vent the pollution of waters in question by the escape 
of deleterious substances. In the case of the pollu- 
tion of waters by substances known to be injurious 
to fishes or to fish food, it shall not be necessary to 
prove that such substances have actually caused the 
death of any particular fish: Provided, That nothing 
in this section shall prohibit the use of explosive for 
engineering purposes, when a written permit has been 
given thereof by the proper national, state or mu- 
nicipal government. Any person violating any of the 
provisions of this section, shall, on conviction as 
provided in section twenty-seven of this act, be sub- 
ject to a fine of one hundred dollars. 

Section 17. That it shall be unlawful to place in 
any waters within this Commonwealth inhabited by 
charr or any species of trout, without the consent of 
the owner or owners of the land upon which such 
waters are located, and without the written consent 
of the Commissioner of Fisheries, any other carnivor- 
ous fish. Any person violating any of the provisions 
of this section, shall, on conviction thereof as pro- 
vided in section twenty-seven of this act, be subject 
to a fine of fifty dollars. 



GAME, FISH AND FORESTRY LAWS. 



163 



Section 18. That the Commissioner of Fisheries 
shall have the right to catch fish at any season of 
the year, and with any kind of nets, or devices not 
poisonous or explosive ; and also the right to grant 
written permission so to do, for a period not longer 
than one year to persons engaged in scientific re- 
search; and also to corporations, associations, person 
or persons, for the purpose of propagation of fish 
of stocking waters therewith, or the removal of fish 
found by the Commissioner of Fisheries to be hurtful 
or injurious to other fish life: Provided, That those 
persons who are permitted to catch fish, as aforesaid, 
shall make return, in writing, to the said Commis- 
sioner of P^isheries of all fish caught by them and of 
the use made bv them of the fish so caught. 

Section 19. That it shall be the duty of the Com- 
missioner of Fisheries to make free distribution or 
planting of the fish produced at the State fish hatch- 
eries, or otherwise acquired, in the following order or 
preference: First. To the public waters of the Com- 
monwealth, and to the waters within the Forestry 
Reserves belonging to the Commonwealth: Second. 
To the public school authorities and persons connected 
with institutions of learning, who may apply for the 
same for educational purposes, or for scientific re- 
search, and to persons applying for fish cultural and 
aquarium purposes and show ponds. Third. To 
the waters within this Commonwealth, of which the 
bed and banks are' the subject of private ownership, 
upon the written application of one or more of the 
owners or lawful occupants thereof: Provided, That 
such waters be suitable for the fish applied for, and 
that the applicant or applicants shall agree, in such 
application, to allow lawful fishing by the public in 
the waters over their lands which are planted with 
fish upon such application, and that they, the said 
applicants, shall have and claim no right to eject 
or molest any persons lawfully fishing on their lands, 
on the banks of or over such waters, in a peaceful 
and orderly manner: Provided, That during the open 
season for game or food fish the owner, lessee, or 
occupant of the real estate through which or over 
which the stream so stocked with game or food fish 
shall pass, or the owner, lessee, or occupant of the 
bank of any natural lake or pond so stocked with 
game or food fish, shall hereafter not have, the au- 
thority to forbid fishing along the banks or in the 
said stream or waters ; but the person or persons so 



PoA^ ers of 
Com nis- 
sione- 



Scientific re- 
search, e''e. 



Proviso. 



Distribution 
and planting 
of fish. 



Proviso. 



Public 
fishing 



Proviso. 



Public 
fishing. 



164 



GAME, FISH AND FORESTRY LAWS. 



N 



Damages. 



Unlawful ap- 
plications. 



False repre- 
sentation. 



Fine. 



Nursery- 
streams. 



Owners' 
consent. 



Violations. 
Fine. 



Nets or 
devices. 



License fees. 



fishing shall he liable in trespass for any and all dam- 
age which he or they may do the said real estate or 
other property: Provided further. That all persons 
fishing on or over the land of others, by virtue of the 
provisions thereof, shall be liable for all damage 
they may cause during such occupation: Fourth. To 
the waters, last aforesaid, whose owners are non- 
residents and unknown, or who by habit and custom 
permit the public to fish therein: Provided, That such 
planting may, at the discretion of the said commis- 
sioner, be made without application thereafter. That 
it shall be unlawful to apply to the Commissioner 
of Fisheries for any fish, if such applicant prohibits 
or prevents fishing by the general public in the waters 
flowing over his land ; but nothing in this section 
shall he held to prevent the Commissioner of Fisher- 
ies from planting fish in suitable waters, without ap- 
plication. Any person who shall, by false representa- 
tion, receive fish from the Department of Fisheries, 
and plant the same in waters where the public are 
not allowed to fish, shall, on conviction thereof as 
provided in section twenty-seven of this act, be sub- 
ject to a fine of twenty-five dollars for each offense. 

Section 20. That the Commissioner of Fisheries is 
authorized to set aside, at his discretion, such small 
streams as he may judge best as nursery streams, in 
which fishing shall be prohibited at all times in the 
year ; said streams to be posted by the Department 
of Fisheries, at the outlet by a conspicuous notice, 
and also at intervals of three hundred yards: Pro- 
vided, That before such streams shall be so designated 
and set aside, the owner or owners shall first give 
their consent in writing. If after any stream has 
been set aside, under the provisions of this section, 
any person fishing therein, shall, on conviction thereof 
as provided in section twenty-seven of this act, be 
subject to a penalty of twenty dollars. 

Section 21. That before any person shall use, set, 
or fish with any of the following nets or devices for 
catching food fish, he shall first take out a. license 
therefor from the treasurer of the county in which 
the person or persons reside, and for which he or 
they shall pay the following sums annually: For 
each seine net, two dollars; for each fish-basket, one 
dollar. On making payment of the sum or sums 
named, such license fee shall be paid by the county 
treasurer forthwith to the Department of Fisheries, 



GAME, FISH AND FORESTRY LAWS. 



165 



and the Department of Fisheries shall pay over the 
same into the State Treasury ; and such license shall 
hold good for the calendar year in which it is issued. 
The county treasurer on receiving said license fee or 
fees shall issue, to the person or persons paying the 
same, a certificate, on one of the forms supplied to 
him by the Department of Fisheries, bearing the name 
and place of residence of each applicant, or appli- 
cants, and the name and number of the nets or de- 
vices perrritted, and otherwise properly filled out; 
which said certificate or license shall permit the owner 
or owners thereof to use the device or devices named 
for the next lawful season, in accordance with the 
provisions of this act, and a duplicate of each license 
shall be forwarded, with the license fee, to the De- 
partment of Fisheries. The certificate shall be shown 
to any fish warden, constable, or any other p?rson or 
persons authorized to make arrests for any violation 
of any of the laws relating to fish and fishing in this 
Commonwealth. Any person or persons who shall use 
any of the above described devices without first tak- 
ing out a license, shall, upon conviction as provided 
in section twenty-seven of this act, be subject to a 
fine of twenty dollars. 

Section 22. That it shall be unlawful for any per- 
son or persons to remove fish from any licensed de- 
vice or net without the authority of the owner or 
owners thereof, except that any person may return 
to the water any fish not authorized to be taken by 
such device, or to remove fish from any pond or tank 
of any fish hatchery without authority as aforesaid. 
Any person or persons violating any of the provisions 
of this section, shall, on conviction thereof as pro- 
vided in section twenty-seven of this act, be subject 
to a fine of fifty dollars. 

Section 23. That whenever at least two hundred 
citizens, in any county, shall, in writing, certify to 
the Commissioner of Fisheries that any stream or 
waters in the said county is nearly depleted of fish, 
and has been restocked, and asking that it or they 
be closed to fishing for a period, the said commissioner 
shall forward to s?dd petitioners and others a blank 
form, setting forth questions regarding the condition 
of said stream or waters, which forms must be filled 
out and returned to the Department of Fisheries ; and 
if the answers on said forms are of such a character 
as to convince the Commissioner of Fisheries that the 



Violations. 



Removal of 
fish from 
device. 



Violations. 
Fine. 



Depleted 
vraters. 



Statement. 



166 



GAME, FISH AND FORESTRY LAWS. 



Prohibition. 
Notice. 



Duty of 
officers. 



Destruction 
of illegal 
device. 



Charge and 
hearing. 



County to 
pay costs. 



Arrests on 
Sunday or 
holiday. 



petition should be granted, he is hereby authorized to 
prohibit all fishing in such streams or waters for a 
period of three years from the time of restocking: 
Provided, That said Commissioner of Fisheries shall 
first give public notice of such closing by posting such 
streams or v^'aters with notices of such prohibition, 
and the period thereof, and publishing the same in 
two newspapers, published in the county where such 
stream or waters are located, for a period of three 
consecutive weeks, one time in each week. Any per- 
son catching and killing or fishing for any fish from 
any stream or waters closed under the provisions of 
this section, shall, on conviction thereof as provided 
in section twenty-seven of this act, be subject to a 
penalty of twenty dollars. 

Section 24. That any fish commissioner, fish war- 
den, deputy warden, shei'iff, constable, or any special 
officer, or any peace officer in thi,** Commonwealth 
is hereby authorized and commanded to proceed, with 
such force of the county as may be necessary, to de- 
stroy any device for catching fish used contrary to 
or prohibited by law, in any of the waters within 
this Commonwealth ; and they are hereby authorized 
and commanded to arrest forthwith, and without war- 
rant, any person or persons owning, placing, or using 
such devices, or violating any of the provisions of this 
act; and they are further authorized and commanded 
to apprehend and arrest, and immediately take, any 
person or persons, who may be guilty of such viola- 
tion, before any justice of the peace, magistrate, or 
other legally constituted authority, and thereupon 
make charge of such violation of the law, or any pro- 
visions thereof; and the magistrate shall forthwith 
hear, and determine the charge, as provided in sec- 
tion twenty-eight of this act ; and in case of any fish 
commissioner, fish warden, or any other officer named 
above, fails to prove his case, and the defendant or 
defendants are discharged, or in case the defendant 
or defendants are convicted and are sent to jail in 
lieu of the payment of fine or fines, penalty or penal- 
ties, the county in which the case is heard shall pay 
the costs. Such arrest may be also made on Sunday, 
or on any holiday, in which case the person or persons 
so arrested shall be taken before the proper officer, 
and proceeded against on the first lawful day following 
the arrest. Any sheriff, deputy sheriff, constable, 
special officer, or other peace officer of this Common- 



GAME, FISH AND FORESTRY LAWS. 



167 



wealth, who shall refuse or neglect to proceed with 
sufficient force of the county to forthwith remove and 
destroy any existing devices illegally used for the 
catching of fish within his jurisdiction, after being no- 
tified in writing of the existence of such illegally used 
devices by the Commissioner of Fisheries ; or who 
shall refuse or neglect to remove and destroy any such 
illegal device for catching fish within this Common- 
wealth, of which he shall have cognizance, shall, on 
conviction thereof as provided in section twenty-seven 
of this act, be subject to a fine of fifty dollars, or be 
imprisoned in the county jail for a period of not less 
than three months nor more than six months. 

Section 25. Any person or persons who shall, by 
threat, menace, or force, or in any manner, attempt 
to deter or prevent any fish warden, or other person 
authorized to make arrests for violation of the fish 
laws, from enforcing or carrying into effect any pro- 
vision of this act, or who shall resist arrest or the 
seizure of boats or nets illegally used, shall, on con- 
viction thereof as provided in section twenty-seven of 
this act, be subject to a penalty of one himdred dol- 
lars, or, in default of payment of said fine, be com- 
mitted to the county jail for a period of one hundred 
days. 

Section 26. That in all cases of arrest made for 
the violation of any of the provisions of this act, 
the possession of the fishes or of the nets, or the 
possession of or operation of any other device herein 
prohibited, shall be prima facie evidence of the viola- 
tion of this act. 

Section 27. That any justice of the peace, alder- 
man or magistrate, upon information or complaint, 
made to him by affidavit of one or more persons, 
charging any person or persons with having violated 
any of the provisions of this act, is hereby authorized 
and required to issue his warrant, under his hand 
and seal, directed to any constable, peace officer, or 
warden, and cause such person or persons to be ar- 
rested and brought before such justice, alderman, or 
magistrate, who shall hear and determine the guilt or 
innocence of the person or persons so charged ; and, 
if convicted upon such charge, shall be sentenced by 
said justice, alderman, or magistrate, severally, to 
pay the fine or fines, penalty or penalties, provided 
in this act for such violations, together with the costs 
of suit ; the whole of said fines shall be paid over forth- 



Refusal or 
neglect of 
officer. 



Conviction. 



Penalty. 

Interference 
with or 
resisting 
officer. 



Possession 
prima facie 
evidence. 



Authority of 
justices, 
aldermen, 
etc. 



Warrants. 

Hearing. 

Penalty. 



GAME, FISH AND FORESTRY LAWS. 



Proviso. 



Imprison- 
ment. 



Appeal. 

Bail. 
Proviso. 



Waters in- 
habited by 
trout. 



Decision. 



Fish 
wardens. 



Chief 
warden. 



Duties. 



with to the treasurer of the county in which the prose- 
cution was brought, and said county treasurer shall 
pay over the same forthwith to the Commissioner of 
Fisheries, for the benefit of the Commonwealth: Pro- 
vided, That in case the defendant or defendants shall 
neglect to pay, at once, the fine or fines so imposed,. 
said defendant or defendants shall forthwith be sen- 
tenced to undergo imprisonment, in the county jail 
of the county where such conviction takes place, for 
a period of one day for each dollar of fine so imposed 
and unpaid, unless the defendant or defendants, upon 
conviction, shall give notice of intention to appeal, 
when such defendant or defendants shall be permitted 
to enter into good and sufficient recognizance to ap- 
pear before such justice, alderman, or magistrate, 
on or before the expiration of five days, if such; 
appeal is not taken by them, or on the final deter- 
mination of such appeal if it be not sustained, for 
execution of sentence: Provided also. That all actions 
for any violation of any of the provisions of this act 
must be taken within one year from the time the 
offense was committed ; and when necessary to prop- 
erly conduct any case before any alderman, justice of 
the peace, magistrate, or any court, the Commissioner 
of Fisheries is authorized to employ legal counsel. 

Section 28. That for the purpose of this act, any 
stream or water, or part thereof, within this Com- 
monwealth, in which charr, or trout, are commonly 
fished for and caught, whether through the stocking 
of the stream, or whether native to such stream or 
water, or part thereof, shall be deemed water or 
streams inhabited by trout. In case of a conflict of 
statement on this point, as to any stream or water, 
the matter shall be investigated by the Board of 
Fishery Commission, and its decision shall be final. 

Section 29. The Commissioner of Fisheries, by and 
with the advice and consent of the Board of Fishery 
Commission, shall have power and authority to ap- 
point thirty competent citizens of this Common- 
wealth as fish wardens. The said Commissioner of 
Fisheries shall, from time to time, by and with the 
advice and consent of the Board of Fishery Commis- 
sion, designate one of such wardens as chief warden, 
who shall remain as such during the pleasure of the 
Commissioner of Fisheries, and he shall perform such 
duties as he may be assigned by the Commissioner of 
Fisheries. Said chief warden shall have the direction, 
control, and supervision of other wardens, under the 



GAME, FISH AND FORESTRY LAWS. 



169 



direction of the Commissioner of Fisheries. Wardens 
so appointed shall hold office during the pleasure of 
the Commissioner of Fisheries, who may summarily 
remove any of their number, and appoint another com- 
petent citizen in his place, by and with the advice 
and consent of the Board of Fishery Commission. 
The wardens shall enforce all the laws of the Com- 
monwealth, relating to fish and fishing, and the pro- 
visions supplementary thereto ; and shall have power 
to execute all warrants and search warrants issued 
for the violation of the fish laws, and to serve sub- 
poenas issued for the examination, investigation, or 
trial of all offenses against said laws ; and said war- 
dens shall be permitted to carry and use arms in the 
performance of their duties. They shall have power, 
without warrants, to search and examine any boat, 
conveyance, vehicle, fish box, basket, bag, coat, or 
other receptacle for fish, when they have reason to 
believe that any of the provisions of any law relating 
to fish have been violated ; and said wardens shall 
seize and take possession of any and all fish which 
may have been caught, taken or killed at any time, 
in any manner or for any purpose, or had in posses- 
sion or under control, or have been shipped or about 
to be shipped, contrary to any of the laws of this 
Commonwealth ; and such fish shall be disposed of 
according to the order of the Commissioner of Fish- 
eries. Each warden shall keep a record of his official 
acts, receipts and expenditures; and at the close of 
each month make a summary of such record, with 
such information in detail as may be necessary for 
the information of or be required by the Department 
of Fisheries, and report the same to the chief war- 
den. The chief warden shall report to the Commis- 
sioner of Fisheries any negligence or dereliction of 
duty or incompetency on the part of any of the war- 
dens, with the facts relating thereto; and he shall 
report monthly to the Commissioner of Fisheries 
his operations during the preceding month, and shall 
make such other reports as may be required of him 
by the Commissioner of Fisheries ; and he shall make 
annually a report in writing, of the operations of 
himself and subordinates during the year to the 
Board of Fishery Commission ; and all wardens when 
in the performance of their duties shall have the 
power of authority to enter upon any land or water, 
and they shall have the power to demand and secure 



Removals. 



Duties of 
wardens. 



Search, ex- 
amination, 
and seizure. 



Report. 



Reports of 

chief 

warden. 



Power of 
authority of 
wardens. 



170 



GAME, FISH AND FORESTKY LAWS. 



Compensa- 
tion. 



Special 
wardens. 



Proviso. 



Powers and 
duties. 



Sale or 
marketing 
of fish. 

Yearly 
statement. 



proper assistance iu case of emergency. That each 
fish warden, except the chief warden, appointed in 
accordance with this section, shall receive as com- 
pensation for his services seventy-five dollars per 
month, and such allowance for expenses as may be 
deemed by the Board of Fishery Commission as just 
and reasonable ; and the chief warden shall receive 
one hundred dollars per month, and such allowance 
for expenses as may be deemed by the Board of Fish- 
ery Commission as just and reasonable. 

Section 30. The Commissioner of Jblsheries may on 
the written application of a properly organized fish 
protective association, or of any association or indi- 
vidual owning or leasing waters, appoint one or more 
special fish wardens for the county in which the ap- 
plication is made ; and all such appointments shall 
expire on the thirty-first day of May of each year: 
Provided also. That no special fish warden shall be 
entitled to any salary, or to any expenses or com- 
pensation from the Commonwealth, for his services, 
unless such special fish wardens should be detained 
for duty by the Commissioner of Fisheries, in which 
case the Commissioner of Fisheries is authorized to 
make a per diem allowance for compensation, and 
reasonable expenses, out of any appropriation which 
may be made for the payment of wardens. The said 
allowance being in place of any claim for any part 
or share of any fine or fines, penalty or penalties, 
imposed or paid under the provisions of this act. The 
special fish wardens, so appointed, shall be clothed 
with the same power as the regular salaried wardens, 
and shall make report of the performance of their 
duties in the same manner. 

Section 31. That the Commissioner of Fisheries, 
by and with the authority of the Board of Fishery 
Commission, shall have the right to issue bulletins 
relating to fish culture and fish protection, as in 
their judgment may be deemed for the best inter- 
ests for the work of the Department of Fisheries, 
and he shall make report annually to the Governor 
of the operation of the Department. 

Section 32. That persons engaged in catching fish 
for the market, or who may be engaged in the sale 
of fish, shall, on demand of the Commissioner of 
Fisheries, furnish at the close of each year a tabu- 
lated statement of their sales of fish and the gross 
amount of money realized ; the said figures to be 



GAME, FISH AND FORESTRY LAWS. 



171 



used by the Department of Fisheries entirely for 
statistical purposes, and no individual statement re- 
ceived by the Department of Fisheries shall be made 
public without the written consent of the owner. 
Any person who shall refuse to furnish such informa- 
tion, shall on conviction thereof as provided in section 
twenty-seven of this act, be subject to a penalty of 
ten dollars for each and every oifense. 

Section 33. That all boats, and all nets of legal- 
sized mesh, used unlawfully and forfeited to the De- 
partment of Fisheries under any provisions of this 
act, shall be sold by the Commissioner of Fisheries, 
and the moneys received from such sale or sales 
be paid by him into the State Treasury, for the use 
of the Commonwealth. All unlawful nets or devices, 
not preserved for exhibition purposes by the Depart- 
ment of Fisheries, shall be destroyed by the order of 
the Commissioner of Fisheries. Record shall be made 
of all such sales or destruction, on the books of the 
Department. 

^ Section 34. The following acts and parts of acts 
of Assembly are intended to be supplied by this act, 
and the same are hereby repealed: — 

1. "An act to amend and consolidate the several 
acts relating to game and fish," approved the third 
day of June Anno Domini one thousand eight hundred 
and seventy-eight. 

2. A supplement to "An act to amend and con- 
solidate the several acts relating to game and game 
fish," approved the third day of June, Anno Domini 
one thousand eight hundred and seventy-eight, chang 
ing the time for hunting and killing deer, squirrels 
rabbits, wild turkeys, pheasants, prairie chickens 
approved the tenth day of June, Anno Domini one 
thousand eight hundred and eighty-one ; each and all 
the several sections thereof so far as they relate to fish 

3. "An act for the protection of salmon, black 
bass, and other food fishes, newly introduced into 
the rivers Delaware and Susquehanna and their trib- 
utaries, for the protection of these classes, also, 
against unlawful fishing, and to prohibit the intro- 
duction of predatory fishes into trout streams, and 
for other germane purposes," approved the twenty- 
fourth day of May, Anno Domini one thousand eight 
hundred and seventy-one. 



Refusal. 
Penalty. 



Seized boats 
and nets. 



Sale. 

Unlawful 
nets and 
devices. 



Acts repeal- 
ed so far as 
they relate 
to fish. 

Act of .June 
3. 1S7S. 



Act of J I 

10. ISSl. 



Act of May 

24. 1S71. 



172 



GAME, FISH AND FORESTRY LAWS. 



Act of April 
28. 1873. 



Act of May 
14, 1874. 



Act of June 

11, 1879. 



Act of June 

11, 1885. 



Act of May 

22, 1889. 



Act of April 
15. 1891. 



Act of April 
15. 1891. 



Act of June 
25. 1895. 



Act of June 
25, 1895. 



4. "An act to provide for the appointment of a 
Board of Fish Commissioners, for construction of 
fishways, and for the propagation and protection of 
fish, and appropriating money for the same," approved 
the twenty-eighth day of April, Anno Domini one 
thousand eight hundred and seventy-three. 

5. "An act . regulating the appointment and pay of 
fish wardens, or v^^ater bailiffs," approved the four- 
teenth day of May, Anno Domini one thousand eight 
hundred and seventy-four. 

6. "An act to provide for the propagation and pro- 
tection of fish, and appropriating money therefor," 
approved the eleventh day of June, Anno Domini one 
thousand eight hundred and seventy-nine. 

7. "An act to prevent the catching, killing, expos- 
ing for sale, or having in possession of speckled trout, 
except from the fifteenth day of April to the fifteenth 
day of July/' approved the eleventh day of June, 
Anno Domini one thousand eight hundred and eighty- 
five . 

8. "An act for the protection of shad and game 
fish in the State of Pennsylvania," approved the 
twenty-second day of May, Anno Domini one thousand 
eight hundred and eighty- nine ; so much thereof as 
relates to fish and fishing in the waters v/ithin the 
Commonwealth . 

9. "An act to provide for the appointment and in- 
crease the efficiency of the Commissioner of Fisheries 
of this Commonwealth," approved the fifteenth day of 
April, Anno Domini one thousand eight hundred and 
ninety-one . 

10. "An act to amend an act, entitled 'An act for 
the protection of shad and game fish in the State of 
Pennsylvania, approved the twenty-second day of 
May, Anno Domini one thousand eight hundred and 
eighty-nine,^ extending the time in which pike and 
pickerel may be caught," approved the fifteenth day of 
April, Anno Domini one thousand eight hundred and 
ninety-one. 

11. "An act to permit the use of eel pots in the 
rivers and waters of the Commonwealth, other than 
trout streams," approved the tv/enty-fifth day of 
June, Anno Domini one thousand eight hundred and 
ninety -five . 

12. "An act to prevent the placing in the waters 
of Pennsylvania of any torpedo, giant powder, nitro- 
glycerine, dynamite, electricity, lime, or any poison- 



GAME, FISH AND FORESTRY LAWS. 173 

ous or explosive substances of any kind, for the pur- 
pose of catching or taking fish ; providing for a penalty 
for the violation thereof," approved the twenty-fifth 
day of June, Anno Domini one thousand eight hun- 
dred and ninety-five. 

13. "An act to declare the species of fish which Act oj^^y 
are game fish, and the species of fish which are com- -^' • 
mercially valuable for food, and to regulate the catch- 
ing and encouraging the propagation of the same ; 

to define the public waters within the State ; to pro- 
tect the waters within the State from improper and 
wasteful fishing ; to provide for the appointment of 
fish commissioners and fish wardens, and to declare 
their oflicial powers and duties ; to encourage and 
regulate the artificial propagation of game and food 
fish by said State Fish Commissioners ; to regulate 
the distribution of the same in the waters of the Com- 
monwealth ; to provide penalties and punishments for 
the violation of the provisions of this act," approved 
the twenty-ninth day of May, Anno Domini one thou- 
sand nine hundred and one. 

14. "An act permitting the taking of carp, suckers. Act of April 
and mullets, by means of seine nets from the waters -6, 1905. 

of this Commonwealth, upon certain conditions," ap- 
proved the twenty-sixth day of April Anno Domini one 
thousand nine hundred and five. 

15. "An act to amend an act approved May tv/enty- Act of 
ninth. Anno Domini one thousand nine hundred and ^l^^^^ ^'^' 
one, entitled 'An act to declare the species of fish 
which are game fish, and the species of fish which are 
commercially valuable for food, and to regulate the 
catching and encourage the propagation of the same ; 
to define the public waters within the State ; to pro- 
tect the waters within the State from improper and 
wasteful fishing ; to provide for the appointment of 
fish commissioners and fish wardens, and to declare 
their official powers and duties ; to encourage and 
regulate the artificial propagation of game and food 
fish by said State Fish Commissioners ; to regulate the 
distribution of the same in the waters of the Com- 
monwealth ; to provide penalties and punishments 
for the violation of the provisions of this act' by pre- 
scribing the number of tip ups to be used and the 
amount of fish to be taken in any one day and by any 
one man," approved the fourteenth day of March, 
Anno Domini one thousand nine hundred and seven. 



190'7. 



174 GAME, FISH AND FORESTRY LAWS. 

Act of May 16. "An act to regulate the taking of carp, suck- 

'• ^^^- ers, mullets, and eels, in the waters of the Common- 

wealth, by means of gigs or spears; prohibiting the 
taking of all other fish by such means, and providing 
penalties for the violation of this act," approved the 
first day of May, Anno Domini one thousand nine 
hundred and seven. 

■■q^* 1907^^^^ ^'^ ' '"^^ ^^^ authorizing the taking of suckers, cat- 
fish, carp, and eels, in the waters of this Common- 
wealth, through the use of fish baskets, and prescrib- 
ing penalties for violation of its provisions," approved 
the twenty-ninth day of May Anno Domini one thou- 
sand nine hundred and seven. 

K.peai. And, in addition to the above, all acts or parts of 

v'LCts inconsistent with the provisions of this act, are 
hereby repealed. 
Approved— The 1st day of May, A. D. 1909. 

EDWIN S. STUART. 



AN ACT 

isw May 1, To encourage the propagation of fish, and to regulate 
the catching, taking, and destruction of fish, in 
the Delaware River below Trenton Falls, within 
the jurisdiction respectively of the Commonwealth 
of Pennsylvania and of the State of New Jersey ; 
and providing penalties for violation of its provi- 
sions, and to repeal acts inconsistent therewith. 
whoicas. Whereas, By virtue of a joint resolution of the 

CommonAvealth of Pennsylvania, approved the eighth 
day of May, Anno Domini nineteen hundred and 
seven, entitled "A joint resolution providing for the 
creation of a commission to co-operate with the au- 
thorities of the States of New Jersey, New York, and 
Delaware in regard to the propagation, protection, 
and catching of sturgeon, shad, bass, perch, and 
other fish in the Delaware River ; the adoption of con- 
current laws relevant thereto by such States ; and to 
co-operate with the authorities of the State of Mary- 
land in regard to fish and fishing in the Susquehanna 
River, and the adoption of concurrent laws relevant 
thereto by such States ; and to inquire in relation to 
the pollution of waters of said rivers, and recom- 
mend legislation regulating and controlling the same ; 
and making an appropriation for those purposes," 



GAME, FISH AND FORESTRY LAWS. 



175 



the following were apppointed Commissioners on the 
part of the Commonwealth of Pennsylvania ; From 
the Senate, Frederick A. Godcharles, Webster Grim, 
and Algernon B . Roberts ; from the House of Repre- 
sentatives, Hiram J. Sedwick, Alfred Marvin, and 
Joseph N. Hunter; by Governor Edwin S. Stuart, 
Henry F. Walton; and by the terms of the joint reso- 
lution, the Commissioner of Fisheries, W. E. Meehan, 
and Frank B. McClaia, Speaker of the House; and _ 

Whereas, By joint resolution passed by the Legis- 
lature of the State of New Jersey, approved March 
twenty-fifth. Anno Domini one thousand nine hun- 
dred and eight, entitled "Joint Rsolution providing 
for the creation of a commission to co-operate with the 
authorities of the States of Pennsylvania and New 
York in regard to the propagation, protection, and 
catching of fish in the Delaware River ; and to in- 
quire into any cause of pollution of the waters of said 
river; and to recommend legislation in regard to such 
propagation, protection, and catching of fish in the 
Delaware River, and to obviate the pollution there- 
of," the following were appointed to represent the 
State of New Jersey: From the Senate, Edmund W. 
Wakelee and Joseph S . Frelinghuysen : from the As- 
sembly, Austin Colgate, Oliver C. Hoi combe, and 
Henry D. Thompson; by the Governor, John Frank- 
lin Fort, Doctor Henry Van Dyke; and by the terms 
of the resolution. President of the Fish and Game 
Commission, B. C. Kuser, President of the Senate, 
Thomas J. Hillery, and Frank B. Jess, Speaker of the 
House of Assembly ; and 

Whereas, The commissions of the said Common- 
wealth of Pennsylvania and the State of New Jersey 
have been duly organized as provided and required by 
law ; and 

Whereas, The said Commissioners of the said Com- 
monwealth of Pennsylvania and of the said State of 
New Jersey, in joint meeting held for that purpose, 
have agreed upon uniform laws to provide an act 
providing uniform laws to encourage the propagation 
of fish, and to regulate the catching, taking, and 
destruction of fish in the Delaware River below Tren- 
ton Falls, within the concurrent jurisdiction of the 
Commonwealth of Pennsylvania and the State of New 
Jersey, and providing penalties for violation of its 
provisions ; therefore, — 



Whereas. 



'\Vhereas. 



176 



GAME, FISH AND FORESTRY LAWS. 



Delaware 
River below 
Trenton 
Falls. 



Right of 
fishery. 



Game fish. 



Bait fish. 
Food fish. 



Lawful 
manner of 
fishing for 
game fish. 



Fine. 



Lawful 
manner of 
fishing for 
bait fish. 



Section 1. Be it enacted, &c.. That the provisions 
of this act shall affect and apply only to the propa- 
gation, catching, taking, and protection and destruc- 
tion, of fish in the waters of the Delaware River be- 
low Trenton Falls, lying between the Commonwealth 
of Pennsylvania and the State of New Jersey. 

Section 2. The inhabitants of the Commonwealth 
of Pennsylvania and of the State of New Jersey shall 
have and enjoy a common right of fishery throughout 
in, and over the waters of said river, between low 
water mark on each side of said river ; between said 
States, below Trenton Falls, except so far as either 
State may have heretofore granted valid and subsist- 
ing private right of fishery. 

Section 3. For the purposes of this act, the fol- 
lowing fish shall be designated as game fish to wit. 
Black bass, or small-mouth bass; large-mouth bass, 
otherwise called Oswego, or yellow bass; strawberry 
or calico bass; rock bass, otherwise known as red-eye 
or goggle-eye; white bass, crappie ; pike-perch, other- 
wise called wall-eyed pike ; pike, or Susquehanna sal- 
mon ; pike, pickerel, white perch, yellow perch; 
charr, commonly called brook or spreckled trout ; or 
any form of trout. The following shall be called bait 
fish ; to wit, all species of minnows, killifishes, and 
stone catfish. All other species or varieties of fish, 
whatsoever, shall be termed food fish. 

Section 4. It shall be unlawful to catch or fish 
for any game fish, in any part of the Delaware River 
below Trenton Falls, with any device, or by any 
means or method whatsoever, excepting with rods 
and lines or handlines, commonly called dipsey or 
throw-lines, each having not more than three hooks; 
or with trolling lines, with spoon or artificial bait, 
having not more than one burr of three single hooks 
attached ; the number of rods and lines, or the num- 
ber of trolling lines, not to exceed two of one or the 
other device named, and said lines must be under the 
direct and immediate supervision of the custodian 
thereof. Any person violating any provisions of this 
section shall, on conviction thereof, be subject to a 
fine of twenty dollars. 

Section 5. It shall be unlawful to fish for bait 
fish, in the Delaware River below Trenton Falls, 
except with the following devices: to wit, rods and 
lines and hand lines with not more than three hooks, 
attached; a minnow seine not more than one hundred 



GAME, FISH AND FORESTRY LAWS. 



177 



feet in length ; a dip net, not more than five feet 
square; a minnow trap, the opening of which shall 
not be more than one and one-quarter inches in di- 
ameter; a scoop net, with a single handle, and with 
a diameter of net of not more than two feet. Any 
person who uses any other device, method, or means 
for catching bait fish, or of a greater length or di- 
ameter of nets specified in this section, shall on con- 
viction thereof, be subject to a fine of twenty dollars. 

Section 6. It shall be unlawful to fish for food 
fish, in the Delaware River, below Trenton Falls, 
with any device, method, or means, excepting by the 
following devices, and under regulations and re- 
strictions hereinafter described ; to wit, a seine, a 
gill net ; an eel pot, a fyke net, each without wings ; 
a parallel net, or net set at the edge of low water; 
and rods and lines, or hand-lines, otherwise known 
as dipsey or throw-lines, each having not more than 
three hooks. Any person who shall use or employ 
any method or device for catching food fish, other 
than those named in this section, or shall use 
or employ any device named in this section contrary 
to the regulations or restrictions hereinafter men- 
tioned, shall be subject to a fine of twenty dollars. 

Section 7. As .amended by the act of June 3, 1911, 
P. L. 629. 

Section 7. It shall be unlawful for any person 
to catch and take, or attempt to catch and take, 
sturgeon from the Delaware River below Trenton 
Falls, with any device excepting a seine or gill net, 
the meshes of which shall not be less than thirteen 
inches stretched measure while being fished ; or to 
catch and take, or attempt to catch and take, any 
other food fish from said waters, with a seine, the 
meshes of which shall be less than two and one-half 
inches stretched measure while being fished, or any 
gill net the meshes of which shall be less than five 
and one-quarter inches stretched measure while being 
fished: Provided, That gill nets, with a mesh not 
smaller than three inches, may be used from March 
first to June tenth, in each year, for the purpose of 
taking herring only. It shall also be unlawful for any 
person to catch and take, or attempt to catch and 
take, any food fish, except sturgeon, by means of a 
seine or gill net, between the tenth day of June, 
in each and every year, and the first day of March 



Lawful 
manner of 
fishing for 
food fish. 



Fine. 



Sturgeon. 



Seine or 
nets. 



Other food 
fish. 



Close 



12 



178 



GAME, FISH AND FORESTRY LAWS. 



r^Jfc anil 
foi-leiture. 



Anchored 
net pro- 
hltited. 



Lawful 
vice*. 



de- 



Tri binaries. 



rjae aud 



g-ndny fl.^h- 
IrivT witL 
nets, pro- 
hibited. 



F«-.o(i fi:<h. 



Open sea -on. 



Open Kea.son. 
for game 
fish. 



next ensuing. Any person who shall violate any 
of the provisions of this section shall, on conviction 
thereof, be subject to a fine of one hundred dollars, 
together with a forfeiture of all nets, boats, aud ap- 
pliances used. A similar act was passed by New 
Jersey and signed by the Governor, April 15, 1911. 

Section 8. It shall be unlawful for any person to 
catch and take, or attempt to catch and take, fish of 
any kind from the Delaware River below Trenton 
Falls, with a net of any character which is anchored 
or staked or fastened down in any measure. Nor 
shall any net of any kind or character, excepting a 
drifting gill net, an eel net, a fyke net, each without 
wings, or a parallel net for the capture of carp only, 
be used for the puropse of catching and taking fish 
in said waters, within one-quarter of a mile above 
or below the mouth of any river, creek, or stream 
emptying into said Delaware River below Trenton 
River. Any person who shall violate any of the 
provisions of this section shall, on conviction thereof, 
be subject to a fine of twenty dollars, with the 
forfeiture of nets, boats, and other appliances used. 

Section 9. As amended bv the act of May 11, 1911, 
P. L. 629. 

Section 9. It shall be unlawful for any person 
to catch and take, or attempt to cat<!,'h and take, fish 
of any kind or description from the Delaware River 
below Trenton Falls, by means of net, or to use 
a net of any character in the waters aforesaid, be- 
tween Saturday at two post zneridian, and twelve 
o'clock, midnight, Sunday night, in each week. Any 
person violating any of the provisions of this section 
shall, on conviction thereof, be subject to a fine of 
one hundred dollars, together with a forfeiture of all 
nets, boats, and other appliances used. 

This act shall takp effect immediately, but shall not 
be considered as valid or operative until a similar act 
has been enacted by the State of New Jersey. A 
similar act was passed by New Jersey, March 21, 1911. 

Section 10. It shall be lawful to catch food fish, 
with rods and lines and hand-lines and trolling-lines. 
as described in section four of this act, at nny time 
in the year, in the Delaware River below Trenton 
Falls ; but it shall be unlawful to fish for aud take 
game fish, excepting from the fifteenth day of June 
to the first day of December, inclusive, in each year. 
Any person violating any of the provisions of this 



GAME, FISH AND FORESTRY LAWS. 



179 



section shall, on conviction thereof, be subject to 
a fine of ten dollars for each and every fish so taken. 

Section 11. It shall be unlawful to use eel pots 
and fyke nets, each without wings, in the Delaware 
River below Trenton Falls, from June first to July 
thirty-first in each year, both dates inclusive; but it 
shall be lawful to use eel pots and fyke nets, each 
without wings, from July first to May thirty-first, 
both dates inclusive, in each year, for the pur- 
poses of catching carp, catfish, eels, and suckers only. 
All other species of fish which may be caught in said 
nets must be returned unharmed immediately to the 
waters from which taken: Provided, That the en- 
trance of said eel pot and fyke net shall not be more 
than six inches in diameter, and the outside diameter 
not more than thirty inches. Any person violating 
any of the provisions of this section shall, on convic- 
tion thereof, be subject to a fine of twenty dollars, 
together with a forfeiture of aU nets, boats, and other 
appliances used. 

Section 12. As amended by the act of June 3, 1911, 
P. L. 629. 

Section 12. It shall be unlawful to use a parallel 
net, otherwise a net set approximately parallel with 
the shore, in the Delaware River and Bay, laying 
between the States of New Jersey and Pennsylvania, 
below Trenton Falls, and at low-water mark, between 
the first day of June and the thirty-first day of Au- 
gust, in each year ; and it shall be lawful to use 
such parallel net from the first day of September to 
the thirty -first day of May, inclusive, next ensuing, 
in each year, for the purpose of taking carp only: 
Provided, That the meshes of said net be not less 
than three and one-half inches stretched measure 
when being fished: Provided, That seines not smaller 
than two and one-half inch mesh may be used from 
September first to May thirty-first, of each year, for 
the purpose of taking carp and suckers only: And 
provided further. That no such net shall be set in 
such manner as to impede navigation. All other fish 
than carp and suckers must be returned unharmed to 
the water beyond low-water mark. Any person vio- 
lating any of the provisions of this section shall, on 
conviction thereof, be subject to a fine of one hun- 
dred dollars, together with a forfeiture of all nets, 
and other appliances used. 



Fine. 



Bel i)ots and 
fyke nets. 



Close 
season. 



Open season 
for carp, 
catflsli, eels 
and suckers. 

Proviso. 



Fine and 
forfeiture. 



Parallel net. 



eiose 



Carp only. 

Proviso. 

Proviso. 

Proviso. 



Fine and 
forfeiture. 



180 



GAME, FISH AND FORESTRY LAWS 



Length and 
weight of 
fish that 
may be 
taken. 



Proviso. 



Pishing au- 
thorities. 



Boats, 

anchors, 
dredges. 



Unlawful 
use of. 



Fine. 



This act shall take effect immediately, but shall 
not be considered as valid or operative until a similar 
act has been enacted by the State of New Jersey. A 
similar act was passed by the State of New Jersey, 
March 21, 1911. 

Section 13. It shall be unlawful for any person to 
catch and take, or to attempt to catch and take, 
from the Delaware River below Trenton Falls, in 
any manner whatsoever, any striped bass, otherwise 
known as rock fish, weighing more than twenty pounds 
or measuring less than ten inches in length ; or any 
sturgeon, less than five feet in length; or any black 
bass, or any small-mouth bass, large-mouth bass, 
otherwise known as Oswego or yellow bass, less 
than nine inches in length ; or any pike or pickerel, 
or any pike-perch, otherwise known as wall-eyed pike 
or Susquehanna salmon, less than twelve inches in 
length; or any calico or strawberry bass, crappie, 
white bass, rock bass, otherwise known as red-eye 
or goggle-eye, or trout, or charr, less than six inches 
in length. Any fish of a less length than those 
described, or any striped bass, commonly called rock 
fish, weighing more than twenty pounds, which may 
be caught must be returned immediately to the water: 
Provided, That nothing in this section shall be so 
construed as to prevent the fishery authorities of the 
Commonwealth of Pennsylvania or of the State of 
New Jersey capturing fish of any size, from said 
waters, or at any time of the year, or in any man- 
ner, for propagation purposes and for stocking other 
waters in their respective States, through their rep- 
resentatives. Any person who shall violate any of 
the provisions of this section shall, on conviction 
thereof, be subject to a fine of ten dollars for each 
and every fish so caught and had in possession. 

Section 14. It shall be unlawful for any person, 
by boat, anchor, dredge, or otherwise, in the Dela- 
ware River below Trenton Falls, to wilfully, and 
without reasonable cause, interfere with, break, 
damage, or destroy any drifting gill net or hauling 
seine, or nets of any description, being lawfully used; 
and it shall be unlawful for any person to drift a 
gill net over the waters of a shore fishery while the 
hauling seine is being used. Any person violating 
any of the provisions of this section shall on con- 
viction thereof, be subject to a fine of twenty dollars. 



GAME, FISH AND FORESTRY LAWS, 



181 



Section 15. It shall be unlawful for any person to 
put or place in the Delaware River below Trenton 
Falls any explosive or poisonous substances what- 
soever, or any drug, or any poison bait, for the pur- 
pose of catching, taking, killing, or injuring the fish; 
or to allow any dye-stuff, coal or gas tar, coal oil, 
sawdust, tan-bark, cocculus indicus (otherwise known 
as fish berries), lime, vitriol, or any of the com- 
pounds thereof, refuse from gas-houses, oil-tanks or 
vessels, or any deleterious destructive, or poisonous 
substances of any kind or character, to be turned into, 
or allowed to run, flow, wash, or be emptied into, 
any of the waters aforesaid, unless it is shown that 
every practicable means have been used to prevent the 
pollution of waters in question by the escape of dele- 
terious substances. In case of the pollution of waters 
by substances known to be injurious to fishes or to 
fish food, it shall not be necessary to prove that such 
substances have actually caused the death of any 
particular fish. Any person violating any of the 
provisions of this section shall on conviction thereof, 
be subject to a fine of two hundred dollars. 

Section 16. It shall be unlawful to purchase, sell, 
or offer for sale, or have in possession, any fresh 
dead game fish or food fish, except during the law- 
ful period for catching the same, and the space of 
six days after such period has expired. Any per- 
son violating any of the provisions of this section 
shall, on conviction thereof, be subject to a fine of 
ten dollars for each fish. 

Section 17. The Commonwealth of Pennsylvania and 
the State of New Jersey shall have concurrent juris- 
diction over all offenses and violations of this act, 
committed or attempted to be committed by any per- 
son or persons fishing in the Delaware River below 
Trenton Falls, within the jurisdiction respectively 
of the said Commonwealth of Pennsylvania and the 
State of New Jersey. Any fish warden, or any per- 
son in either State authorized to make arrests for 
violations of the fish laws shall have power and au- 
thority to make arrests in any part of the river, or 
shores thereof, and take such person or persons for 
trial to the State in which the offense was committed, 
and proceed against the offender according to the 
legal procedure for violation of the fish laws of said 
State. If the arrest be made upon the shores of the 



Explosives, 
or poisons. 



Deleterious 
or destruc- 
tive sub- 
stances. 



Pollution 
of waters. 



Fine. 



Unlawful, 
sale, offer, 
or 
sion. 



Concurrent 
jurisdiction. 



Arrests. 



182 



GAME, FISH AND FORESTRY LAWS. 



Oharse. 



PfwriBot. 



Appeal. 



Proviso. 



said Delaware River, within this Commonwealth, the 
said person or persons shall be taken before any jus- 
tice of the peace, alderman, magistrate, or other 
legally constituted authority in the county in which 
the arrest was made, and thereupon make charge of 
such violation of the law, or any provision thereof ; 
and the justice of the peace, alderman, or other 
legally constituted authority, shall forthwith hear 
and determine the guilt or innocence of the person 
or persons so charged, and, if convicted upon such 
charge, shall be sentenced by said justice, alderman, 
or magistrate, severally, to pay the fine or fines, 
penalty or penalties, provided in this act for such 
violations, together with the costs of suit; said fines 
to be paid over forthwith to the treasurer of the 
county in which the prosecution was brought, and 
said county treasurer to pay over the sum forthwith 
to the Commissioner of Fisheries for the benefit of the 
Commonwealth: Provided, That in case the defend- 
ant or defendents shall neglect to pay, at once, the 
fine or fines so imposed, said defendant or defendants 
shall forthwith be sentenced to undergo imprisonment, 
in the county jail of the county where such convic- 
tion takes place, for a period of one day for each dol- 
lar of fine so imposed and unpaid, unless the de- 
fendant or defendants, upon conviction, shall give 
notice of intention to appeal, when such defendant or 
defendants shall be permitted to enter into good and 
sufficient recognizance to appear before such justice, 
alderman, or magistrate, on or before the expiration 
of five days, if such appeal is not taken by them, or 
on the final determination of such appeal if it be not 
sustained, for execution of sentence: Provided also. 
That all actions for any violation of any of the pro- 
visions of this act must be taken within one year from 
the time the offense was committed. In case any 
fish warden, or any person authorized to make ar- 
rests for violation of the fish laws, fails to prove his 
case, and the defendant or defendants are discharged 
or in case the defendant or defendants are convicted, 
and sent to jail, in lieu of the payment of fine or fines, 
penalty or penalties, the county in which the case is 
heard shall pay the costs. Such arrests shall also be 
made on Sunday, in which case the person or persons 
shall be taken before the proper officer and proceeded 
against on a week day following the arrest. 



GAME, FISH AND FORESTRY LAWS 



183 



Section 18. Any person or persons who shall by- 
threat, menace, or force, or in any manner, at- 
tempt to deter or prevent any fish warden, or other 
person authorized to make arrests for violation of 
the fish laws, in either State from enforcing or carry- 
ing into effect any provisions of this act, or who shall 
resist arrest, or the seizure of boats or nets illegally 
used, shall, on conviction thereof, be subject to a 
fine of one hundred dollars. 

Section 19. The following acts and parts of acts 
are intended to be supplied by this act, and the 
same are hereby repealed; also, all acts or parts 
of acts inconsistent with this act, be and the same 
are hereby repealed. 

1. An act for the protection of shad, sturgeon, 
and game fish in the river Delaware, approved May 
twenty-second, eighteen hundred and eighty-nine. 

2. An act for the protection of shad and game 
fish in the State of Pennsylvania, approved May 
twenty-second, eighteen hundred and eighty-nine or 
so much thereof as relates to the Delaware River be- 
low Trenton Falls. 

3. An act for the protection of Penobscot salmon 
planted in the river Delaware, and providing pen- 
alties for the enforcement thereof, approved May 
twelfth, nineteen hundred and one. 

4. An act for the protection of sturgeon, approved 
June twenty-fifth, eighteen hundred and ninety-five. 

Section 20. This act shall take effect immediately; 
but no section, proviso, or part of this act shall be 
considered as valid and operative until a similar act 
has been enacted by the State of New Jersey: Pro- 
vided, That when the said State of New Jersey has 
enacted a similar act, the provisions of this act re- 
lating to the size of the meshes of nets shall not be- 
come operative until June second, nineteen hundred 
and nine. 

Approved— The 1st day of May, A. D. 1909. 

EDWIN S. STUART. 

An act similar to the foregoing was passed by the 
Legislature of New Jersey and signed by the Governor 
of that State on April 1st, 1909. 

An act similar to the amended sections 9 and 12 
of this act was passed by the Legislature of New 
Jersey and signed by the Governor upon the 21st day 
of March, 1911. 



mterlereiice 
with ofBtrer*. 



RepealiB. 



Act oi May 

32. 188*. 

Act of Mty 
22. 18SS, 
part of. 



Act o£ May 
12. 1&91. 



Act of Jtm© 
2.5. 1895. 



When act 
shall so 
into effect. 



184 



GAME, FISH AND FORESTRY LAWS. 



And an act similar to amended section 7 of this 
act was passed by the Legislature of New Jersey and 
signed by the Governor upon the 15th day of April, 
1911. 

So that this act is binding in every particular upon 
the citizens of Pennsylvania. 



1909, May 
P. L. 480 



Whereas. 



AN ACT 
To encourage the propagation of fish, and to regu- 
late the catching, taken, and destruction of fish, in 
the Delaware River above Trenton Falls, within 
the jurisdiction respectively of the Commonwealth 
of Pennsylvania and of the State of New Jersey; 
and providing ijenalties for violation of its provi- 
sions, and to repeal acts inconsistent therewith. 
Whereas, By virtue of a joint resolution of the 
Commonwealth of Pennsylvania, approved the eighth 
day of May, Anno Domini one thousand nine hun- 
dred and seven, entitled "A joint resolution providing 
for the creation of a commission to co-operate with 
the authorities of the States of New Jersey, New 
York, and Delaware in regard to the propagation, 
protection, and catching of sturgeon, shad, bass, 
perch, and other fish in the Delaware River; the 
adoption of concurrent laws relevant thereto by such 
States ; and to co-operate with the authorities of the 
State of Maryland in regard to fish and fishing in the 
Susquehanna River, and the adoption of concurrent 
laws relevant thereto by such States ; and to inquire 
in relation to the pollution of the waters of said rivers, 
and recommend legislation regulating and controlling 
the same ; and making an appropriation for those pur- 
poses," the following were appointed commissioners 
on the part of the Commonwealth of Pennsylvania: 
From the Senate, Frederick A. Godcharles, Webster 
Grim , and Algernon B . Roberts ; from the House of 
Representatives, Hiram J. Sedwick, Alfred Marvin, 
and Joseph N . Hunter ; by Governor Edwin S . 
Stuart, Henry F, Walton; and by the terms of the 
joint resolution, the Commissioner of Fisheries, W. 
E. Meehan, and Frank B. McClain, Speaker of the 
House ; and 

Whereas, By a joint resolution passed by the 
Legislature of the State of New Jersey, approved 



GAME, FISH AND FORESTRY LAWS. 



185 



March twenty-five. Anno Domini one thousand nine 
hundred and eight, entitled "Joint^ resolution pro- 
viding for the creation of a commission to co-operate 
with the authorities of the States of Pennsylvania and 
New York in regard to the propagation, protection, 
and catching of fish in the Delaware River ; and to 
inquire into any causes of pollution of the waters of 
said river ; and to recommend legislation in regard 
to such propagation, protection, and catching of 
fish in the Delaware River, and to obviate the pollu- 
tion thereof," the following were appointed to rep- 
resent the State of New Jersey: From the Senate, 
Edmund W . Wakelee and J oseph S . Frelinghuysen ; 
from the Assembly, Austin Colgate, Oliver C. Hol- 
combe, and Henry D. Thompson; by the Governor, 
John Franklin Fort, Doctor Henry Van Dyke; and 
by the terms of the resolution. President of the Fish 
and Game Commission, B. C. Kuser, President of 
the Senate, Thomas J. Hiilery, and Frank B. Jess, 
Speaker of the House of Assembly ; and 

Whereas, The Commissions of the said Common- 
wealth of Pennsylvania and the State of New Jersey 
have been duly organized, as provided and required by 
law ; and 

Whereas, The said Commissioners of the said 
Commonwealth of Pennsylvania and the said State 
of New Jersey, in joint meeting held for that pur- 
pose, have agreed upon uniform laws to provide an 
act providing uniform laws to encourage the propa- 
gation of fish, and to regulate the catching, taking, 
and destruction of fish, in the Delaware River above 
Trenton Falls, within the concurrent jurisdiction of 
the Commonwealth of Pennsylvania and the State of 
New Jersey, and providing penalties for violation of 
its provisions; therefore, — 

Section 1. Be it enacted, &c.. That the provisions 
of this act shall effect and apply only to the pro- 
pagation, catching, taking, and protection and de- 
struction, of fish in the waters of the Delaware 
River above Trenton Falls, lying between the Com- 
monwealth of Pennsylvania and the State of New 
Jersey. 

Section 2. The inhabitants of the Commonwealth 
of Pennsylvania and of the State of New Jersey shall 
have and enjoy a common right of fishery throughout, 
in, and over the waters of said river, between low- 



Whereas. 



Delaware 
River above 
Trenton 
Falls. 



Right of 
fishery. 



186 



GAME, FISH AND FORESTRY LAWS 



Bait fleh. 
E'cod fleh. 

Lawful 
manner of 
QsliiiiK for 
jtime flsli. 



water mark on each side of said river, between said 
States, above Trenton Falls, except so far as either 
State may have heretofore granted valid and subsist- 
ing private right of fishery. 
Section 3. For the purpose of this act, the follow- 
Qame flsh. jng fish shall be designated as game fish, to wit. 
Black bass, or small-mouth bass; large-mouth bass, 
otherwise called Oswego, or yellow bass; strawberry, 
or calico bass; rock-bass, otherwise known as red-eye 
or goggle-eye; white bass, crappie ; pike-perch, other- 
wise called wall-eyed pike, »Susquehanna salmon; pike, 
pickeral, white perch, yellow perch; charr, commonly 
called brook or speckled trout; or any form of trout. 
The following shall be designated as bait fish; to wit, 
All species of minnows, killifishes. and stone cat- 
fish. All other species or varieties of fish, whatsoever, 
shall be designated as food fish. 

Section 4. It shall be unlawful to catch or fish 
for any game fish, in any part of the Delaware 
River above Trenton Falls, with any device, or by 
any means or method whatsoever, excepting with 
rods and lines; or hand-linos, commonly called dip- 
sey or throw-lines, each having not more than three 
hooks; or with trolling-lines, with spoon or artificial 
bait, having not more than one burr of three single 
hooks attached. The number of rods and lines, or 
the number of trolling-lines, not to exceed two of 
one or the other device named, and said lines must 
be under the direct and immediate supervision of the 
person fishing therewith. Any person violating any 
provisions of this section shall, on conviction thereof, 
be subject to a fine of twenty dollars. 

Section 5. It shall be unlawful to fish for bait 
fish, in the Delaware River above Trenton Falls, 
except with the following devices: to wit, rods and 
lines and hand lines, with not more than three hooks 
attached ; a minnow seine, not more than one hun- 
dred feet in length ; a dip net, nor more than five 
feet square; a minnow trap, the opening of which 
shall not be more than one and one-quarter inches in 
diameter; a scoop net, with single handle, and with 
a diameter of net not more than two feet. Any per- 
son who uses any other device, method, or means for 
catching bait fish, other than those specified in this 
section, shall, on conviction thereof, be subject to a 
Fin*. ^°^ ^'^ twenty dollars. 



rice. 



Lawful 
majmer of 
fidhlnK for 
halt flah. 



GAME, FISH AND FORESTRY LAWS. 



187 



Section 6. It shall be unlawful to fish for food 
fish, in the Delaware River above Trenton Falls, 
with any device, method, or means excepting by the 
following devices, and under regulations and re- 
strictions hereinafter described; to wit, a seine, an 
eel pot, or a fyke net, each without wings; and rods 
and lines, or hand-lines, otherwsie known as dipsey 
or throw-lines, each having not more than three hooks. 
\nj person who shall use or employ any method or 
device for catching food fish other than those named 
in this section, or shall use or employ any device 
named in this section contrary to the regulations or 
restrictions hereinafter mentioned, shall be subject 
to a fine of twenty dollars. 

Section 7. It shall be unlawful for any person to 
catch and take, or attempt to catch and take, stur- 
geon, from the Delaware River above Trenton Falls, 
with any device excepting a seine, the meshes of 
which shall not be less than thirteen inches stretched 
measure while being fished ; or to catch and take 
or to attempt to catch and take, an other food fish 
from said waters with a seine the meshes of which 
shall be less than two and one-half inches stretched 
measure while being fished. It shall also be unlawful 
for any person to catch and take, or to attempt to 
catch and take, any food fish, except sturgeon, by 
means of a seine, between the tenth day of June, in 
each and every year, and the first day of March next 
ensuing. Any person who shall violate any of the 
provisions of this section shall, on conviction thereof, 
be subject to a fine of one hundred ($100) dollars, to- 
gether with a forfeiture of all nets, boats and appli- 
ances used. 

Section 8. It shall be unlawful for any person to 
catch and take or attempt to catch and take, any 
fish of any kind, from the Delaware River above 
Trenton Falls, with a net of any character, which 
is anchored or staked or fastened down in any man- 
ner, permanently or otherwise, or to use any net so 
anchored or fastened down, in any manner. Nor 
shall any net of any kind or character, excepting an 
eel pot, a fyke net, each without wings, be used for 
the purpose of catching and taking fish in said waters, 
within one-half mile above or below the mouth of any 
river, creek or stream emptying into said Delaware 
River above Trenton Falls. Any person who shall 



Lawful 
manner . of 
fishing for 
food fish. 



Fine. 

Sturgeon. 
Seine. 



Other food 
fish. 



Close 

season. 



Pines and 
forfeitures. 



Anchored or 
stafeed net 
prohibited. 



Eel pots and 
fyke nets. 



Tributaries. 



188 



GAME, FISH AND FOKESTKY LAWS 



Fines and 
forfeiture. 



Fishing by- 
use of net 
prohibited, 
within cer- 
tain hours. 



Fine and 
forfeiture. 



Food flsh; 
open season. 



Open season 
for game 
fish. 



Eel pots and 
fyke nets ; 
close season. 



Open season 
for carp, 
catfish, eels, 
and suckers. 



Proviso. 



violate any of the provisions of this section shall, on 
conviction thereof, be subject to a tine of twenty ($20i 
dollars, together with the forfeiture of nets, boats, 
and other appliances used. 

Section 9. As amended by the act of June 3, 1911, 
P. L. mi. 

Section 9. It shall be unlawful for any person to 
catch and take, fish of any kind or description from 
the Delaware River above Trenton Falls, by means 
of a net, or to use a net of any character in the 
waters aforesaid between Saturday at two o'clock 
post meridian and twelve o'clock midnight Sunday 
night, in each week. Any person violating any of 
the provisions of this section shall, on conviction 
thereof, be subject to a fine of one hundred dollars, 
together with a forfeiture of all nets, boats, and other 
appliances used. 

This act shall take effect immediately, but shall 
not be considered as valid or operative until sl 
similar act has been enacted by the State of New 
Jersey. A similar act passed by New Jersey, May 
1, 1911. 

Section 10. It shall be lawful to catch food fish, 
with rods and lines, and hand-lines, and trolling- 
lines, as described in section four of this act, at 
any time of the year, in the Delaware River above 
Trenton Falls ; but it shall be unlawful to fish for 
and take game fish, excepting from the fifteenth day 
of June to the first day of December, inclusive, in 
each year. Any person violating any of the provisions 
of this section shall, on conviction thereof, be sub- 
ject to 'a fine of ten ($10) dollars for each and every 
fish so taken. 

Section 11. It shall be unlawful to use eel pots 
and fyke nets, each without wings, in the Delaware 
River above Trenton Falls, from June first to July 
first in each vear, both dates inclusive; but it shall 
be Luvfiil to use eel pots and fyke nets, each without 
wings, from July first to May thirty-first, both dates 
inclusive, in each year, for the purpose of catching 
carp, catfish, eels, and suckers only. All other species 
of fish which may be caught in said nets must be 
returned unharmed immediately to the waters from 
which taken: Provided, That the entrance of said 
eel pot and fyke net shall not be more than six inches 
in diameter, and the outside diameter not more than 



GAME, FISH AND FORESTKY LAWS. 



189 



thirty inches. Any person violating any of the pro- 
visions of this section shall, on conviction thereof, be 
subject to a fine of twenty ($20) dollars, together with 
a forfeiture of all nets, boats, and other appliances 
used . 

Section 12. It shall be unlawful for any person 
to catch and take, or attempt to catch and take, 
from the Delaware River above Trenton Falls, in 
any manner whatsoever, any striped bass, otherwise 
known as rock fish, weighing more than twenty 
pounds, or measuring less than ten inches in length; 
or any sturgeon, less than five feet in length; or any 
black bass, or any small-mouth bass, large-mouth 
bass, otherwise known as Oswego or yellow bass, less 
than nine inches in length; or any pike or pickerel, or 
any pike-perch, otherwise known as wall-eyed pike 
or Susquehanna salmon, less than twelve inches in 
length; or any calico or strawberry bass, crappie, 
white bass, rock bass, otherwise known as red-eye or 
goggle-eye, or trout, or charr, less than six inches in 
length. Any fish of a less length than those described, 
or any striped bass, commonly called rock fish, weigh- 
ing more than twenty pounds, which may be caught, 
must be returned immediately to the water: Provided, 
That nothing in this section shall be so construed as 
to prevent the fishery authorities of the Common- 
wealth of Pennsylvania or of the State of New Jersey 
capturing fish of any size, from said waters, or at 
any time of the year, or in any manner for propa- 
gating purposes and for stocking other waters in their 
respective States, through their authorized representa- 
tives. Any person who shall violate any of the pro- 
visions of this section shall, on conviction thereof, be 
subject to a fine of ten dollars for each and every 
fish so caught and had in possession. 

Section 13. It shall be unlawful for any person, by 
boat, anchor, dredge, or otherwise, in the Delaware 
River above Trenton Falls, to wilfully, and without 
reasonable cause, interfere with, break, damage, or 
destroy any hauling seine, or net of any description, 
being lawfully used. Any person violating any of 
the provisions of this section shall, on conviction 
thereof, be subject to a fine of twenty dollars. 

Section 14. It shall be unlawful for any person 
to put or place in the Delaware River above Trenton 
Falls any explosive or poisonous substances whatso- 



Fine and 
forfeiture. 



Length and 
weight of 
fish that 
may be 
taken. 



Proviso. 



Fishery 
authorities. 



Boats. 

anchors, 

dredges. 

Unlawful 
use of. 



Explosives 
or poisons. 



190 



GAME, FISH AND FORESTRY LAWS 



Deleterious 
or destruc- 
tive Bub- 
tttances. 



Pollution of 
■waters. 

Fine. 

Unlawful 
^ale. offer, 
or poeses- 
aion. 



Concurrent 
jurisdiction. 



Arrest. 



ever, or any drug, or any poison bait, for the purpose 
of catching, taking, killing, or injuring the tish, or 
to allow any dye-stuff, coal or gns tar, coal oil, 
sawdust, tnnbark, cocculus indicus (otherwise known 
as tish berrirs), lime, vitriol, or any of the compounds 
thereof, refuse from gas-houses, oil-tanks or vessels, 
or any d(>leterious destructive or poisonous substances 
of any kind or character, to be turned into or al- 
lowed to run, flow, wash or be emptied into, any of 
the waters aforesaid, unless it is shown tliat every 
practicable means has been used to prevent the pollu- 
tion of waters in question by the escape of deleterious 
substances. In the case of the pollution of waters 
by substances known to be injurious to fishes or to 
fish food, it shall not be necessary to prove that such 
substances have actually caused the death of any 
particular fish. Any person violating any of the 
provisions of this section shall, on conviction thereof, 
be subject to a fine of two hundred dollars. 

Section 15. It shall be unlawful to purchase, sell, 
or offer for sale, or have in possession, any fresh dead 
game or food fish, except during the lawful period for 
catching the same, and the space of six days after 
such period has expired. Any person violating any of 
the provisions of this section shall, on conviction 
thereof, be subject to a fine of ten dollars for each 
fish. 

Section 16. The Commonwealth of Pennsylvania 
and the State of New Jersey shall have concurrent 
jurisdiction over all offenses and violations of this 
act, committed or attempted to be committed by any 
person or persons fishing in the Delaware River above 
Trenton Falls, within the jurisdiction respectively 
of the said Commonwealth of Pennsylvania and of 
the State of New Jersey. Any fish warden, or any 
person in either State authorized to make arrests for 
violation of the fish laws, shall have power and au- 
thirity to make arrests in any part of the river, or 
shores thereof, and take such person or persons for 
trial to the State in which the off'ense w;is committed, 
and proceed against the offender according to the 
legal procedure for violation of the fish laws of said 
State. If the arrest be made upon the shores of the 
said Delaware River, within this Commonwealth, the 
said person or persons shall be taken before any jus- 
tice of the peace, alderman, magistrate, or other 



GAME, FISH AND FORESTRY LAWS 



191 



Proviso. 



legally constituted authority in the county in which 
the arrest was made, and thereupon make charge of '-'^^J^se. 
such violation of the law, or any provision thereof; 
and the justice of the peace, alderman, or other legally 
constituted authority shall forthwith hear and de- 
termine the guilt or innocence of the person or per- 
sons so charged and, if convicted upon such charge, 
shall be sentenced by said justice, alderman, or 
magistrate, severally, to pay the fine or fines, penalty 
or penalties, provided in this act for such violations, 
together with the costs of suit ; said fines to be paid 
over forthwith to the treasurer of the county in which 
the prosecution was brought, and said county treas- 
urer to pay over the sum forthwith to the Commis- 
sioner of Fisheries, for the benefit of the Common- 
wealth: Provided, That in case the defendant, or de- 
fendants shall neglect to pay, at once, the fine or 
fines so imposed, said defendant or defendants shall 
forthwith be sentenced to undergo imprisonment, in 
the county jail of the county where such conviction 
takes place, for a period of one day for each dollar 
of fine so imposed and unpaid, unless the defendant 
or defendants, upon conviction, shall give notice of 
intention to appeal, when such defendant or de- 
fendants shall be permitted to enter into good and suffi- 
cient recognizance to appear before such justice, al- 
derman, or magistrate, on or before the expiration 
of five days, if such appeal is not taken by them, or 
on the final determination of such appeal if it be 
not sustained, for execution of sentence: Provided 
also. That all actions for any violation of any of 
the provisions of this act must be taken within one 
year from the time the offense was committed. In 
case any fish warden, or any person authorized to 
make arrests for violation of the fish laws, fails to 
prove his case, and the defendant or defendants are 
convicted, and are sent to jail, in lieu of the payment 
of fine or fines, penalty or penalties, the county in 
which the case is heard shall pay the costs. Such 
arrests shall also be made on Sunday, in which case 
the person or persons shall be taken before the proper 
officer and proceeded against on a week day following 
the arrest. 

Section 17. Any person or persons who shall by interference 
threat, menace, or force, or in any manner, attempt with officers, 
to deter or prevent any fish warden, or other person 



Appeal. 
Bail. 



Proviso. 



Costs. 



192 



GAME, FISH AND FORESTRY LAWS. 



Fine. 
Repeals. 



^ct of May 

22. 1889. 

^ct of May 

22. 18S9. 



Act of May 
12. 1901. 



Act of June 
25. 1895. 

When act 
shall go 
into effect. 



Proviso. 



authorized to make arrests for violation of the fish 
laws, in either State, from enforcing or carrying into 
effect any provision of this act, or who shall resist 
arrest, or the seizure of boats or nets illegally used, 
shall, on conviction thereof, be subject to a fine of 
one hundred dollars. 

Section 18. The following acts and parts of acts 
are intended to be supplied by this act, and the same 
are hereby repealed ; also , all acts or parts of acts 
inconsistent with this act, be and the same are hereby 
repealed . 

1. An act for the protection of shad, sturgeon, 
and game fish in the river Delaware, approved May 
twenty-second, eighteen hundred and eighty-nine. 

2. An act for the protection of shad and game fish 
in the State of Pennsylvania, approved May twenty- 
second, eighteen hundred and eighty-nine, or so much 
thereof as relates to the Delaware River below Tren- 
ton Falls. 

3. An act for the protection of Penobscot salmon 
planted in the river Delaware, and providing pen- 
alties for the enforcement thereof, approved May 
twelfth, nineteen hundred and one. 

4. An act for the protection of sturgeon, approved 
June twenty-fifth, eighteen hundred and ninety-five. 

Section 19 . This act shall take effect immediately ; 
but no section, proviso, or part of this act shall he 
considered as valid and operative until a similar act 
has been enacted, by the State of New Jersey: Pro- 
vided, That when the said State of New Jersey has 
enacted a similar act, the provisions of this act re- 
lating to the size of the meshes of nets shall not 
become operative until June second, nineteen hun- 
dred and nine. 

Approved — The eighth day of Mav, A. D. 1909. 

EDWIN S. STUART. 

An act similar to the foregoing was passed by the 
Legislature of New Jersey and signed by the Governor 
of that State on April 1st, 1909. 



GAME, FISH AND FORESTRY LAWS. 



193 



AN ACT 



To forbid the use of a gill net of more than thirty 
meshes deep, in such parts of boundary lakes of 
more than five thousand acres as the Common- 
wealth has jurisdiction over, and providing penalty 
and punishment for the violation of any provision 
of this act. 

Section 1. Be it enacted, &c.. That in such part 
or parts of lakes of more than five thousand acres, 
lying between this and any other State or foreign 
country, as this Commonwealth has jurisdiction over, 
and in any bay or inlet thereof, it shall hereafter be 
unlawful to use a gill net of more than thirty meshes 
deep. Any person or persons who shall violate any 
provision of this section shall, on conviction, be sub- 
ject to a penalty of twenty-live dollars; and all nets, 
devices, and appliances, or boats, shall be forfeited 
to the Department of Fisheries. 

Section 2. That from and after the passage of this 
act, any Fish Commissioner, fish warden, deputy 
warden, sheriff, deputy sheriff, constable, or any 
special ofiicer, or any peace officer in this Common- 
wealth, is hereby authorized and commanded to forth- 
with seize any net or nets, boats or appliances, that 
may be used in violation of any provision of this act, 
and turn the same over to the Department of Fish- 
eries ; and they are hereby authorized and commanded 
to forthwith apprehend and arrest any person or per- 
sons who may be guilty of violating any of the pro- 
visions of this act, and take him or them before any 
justice of the peace, magistrate, or other legally con- 
stituted authority, and thereupon make charge of such 
violation of the law, or any of the provisions thereof; 
and the magistrate shall forthwith hear and determine 
the charge as provided in this act. And in case 
any Fish Commissioner, fish warden, or any officer 
named above, fails to prove his case, and the defend- 
ant or defendants are discharged, or in case the 
defendant or defendants are convicted, and are sent 
to jail in lieu of the payment of fine or fines, penalty 



Act May 5, 
1911. P. L. 
164. 



Boundary 
lakes. 



Use of 
gill nets. 



Penalty. 



Authority 
of officers. 



Seizure of 
nets, boats, 
etc. 



Arrests. 



Costs. 



13 



194 



GAME, FISH AND FORESTRY LAWS. 



Autlionty 
of justices, 
.-ildermen 
and magis- 
tiates. 



Penalty. 



or penalties, the county in which the case is heard 
shall pay the costs. Such arrests may also be made on 
Sunday, in which case the person or persons shall 
be taken before the proper officer and proceeded against 
on a week-day following the arrest. 

Section 3. That from and after the passage of this 
act, any justice of the peace, alderman, or magis- 
trate, upon information or complaint being made be- 
fore him, by the affidavit of one or more persons, 
charging any person with having violated any of the 
provisions of this act, is hereby required and author- 
ized to issue his warrant, under his hand and seal, 
directed to any constable, police officer, or warden, 
requiring such person or persons to be arrested and 
brought before such justice of the peace, alderman, 
or magistrate, who shall hear and determine the guilt 
or innocence of the person or persons so charged ; and 
if convicted, such justice of the peace, alderman, or 
magistrate shall sentence the person so convicted, 
severally, to pay the fine or fines, penalty or penal- 
ties, provided in this act for such violation or viola- 
tions, together with the costs of suit; and such fine or 
penalties shall be appropriated as provided in sec- 
tion two of this act. 

Section 4, All acts or parts of acts inconsistent 
with this act be and the same are hereby repealed. 

Approved— The 5th day of May, A. D. 1911. 

JOHN K. TENER. 



Act June 3, 
1911, P. L. 
655. 



Fishing with 
haul-seine in 
tido-water 
streams. 

Carp, suck- 
ers, mnllots, 
and catfish. 



AN ACT 

To authorize the use of a haul-seine in the tide-water 
streams wholly within this Commonwealth, under 
certain conditions, for the capture of carp, suckers, 
mullets, and catfish, and providing penalties for 
violation of the act. 

Section 1, Be it enacted, &c.. That it shall be un- 
lawful to use a haul-seine in the tide-wnter streams 
wholly within the Commonwealth of Pennsylvania, 
and in the limit of tide-water of said streams, for 
the catching of carp, suckers, mullets, and catfish, 
excepting from the first day of September until the 
thirty-first day of March next ensuing: Provided, 



GAME, FISH AND FORESTRY LAWS, 



195 



That the meshes of said haul-seine shall not be less 
than three inches stretched measure while being fished, 
or one and one-half inches from knot to knot while 
being fished: Provided further, That before any 
person or persons shall use a haul-seine, as provided 
in this act, he or they shall take out a license from 
the county treasurer in the county in which the 
person or persons reside, and for which the said 
person or persons shall pay the sum of five dollars ; 
said b'cense shall hold good from September first unt^ 
March thirty first next ensuing, both dates inclusive, 
and shall be shown on demand to any fish warden. 
State policeman, constable, sheriff, deputy sheriff, 
or any other person authorized to make arrests for 
violation of the fish laws of this Commonwealth. On 
payment of the money to the county treasurer, said 
county treasurer shall issue a license, on forms sup- 
plied to him by the Department of Fisheries for that 
purpose, and he shall be entitled to retain one dollar 
of the said amount for his services in issuing the 
license, and the other four dollars with a duplicate 
of the license shall be forwarded by him forthwith 
to the Department of Fisheries, and the Commissioner 
of Fisheries shall turn over the same into the State 
Treasury, for the benefit of the Commonwealth: And 
provided further. That any fish, other than carp, 
mullets, suckers, and catfish, which may be caught in 
said haul-seines, shall be returned with the least 
possible harm to the water from which taken ; ex- 
cepting that any shad or herring may be taken in 
said net may be kept from the first day of March to 
the thirty-first day of March, inclusive. Any person 
or persons who violate any of the provisions of this 
section, or who shall use any haul-seine as described 
in this act for the capture of carp, mullets, suckers, 
and catfish from the first day of April until the thirty- 
first day of August, inclusive, shall, on conviction as 
provided in section three of this act, be subject to a 
penalty of fifty dollars, together with a forfeiture of 
all nets, boats, and other appliances u.sed. 

Section 2. That any fish commissioner, fish-war- 
den, special or deputy fish-warden, sheriff, deputy 
sheriff, constable, or any special officer, or any peace 
officer in this Commonwealth, is hereby authorized 
and commanded to arrest forthwith and without war- 
rant any person or persons violating any provisions 



Open season. 
Proviso. 

Size of 
mesh. 

Proviso. 



License. 
Fees. 



Term. 



Exhibition 
of license. 



Treasur- 
er's fees. 



Shad and 
herring. 

Open season. 

Carp, mul 
lets, suck- 
ers, and 
catfish. 



Close 
season. 

Penalty. 
Violations. 



Arrests. 



196 



GAME, FISH AND FORESTRY LAWS. 



Hearing. 



Costs. 



Sunday- 
arrests. 



Complaint. 



Arrest. 



Penalty. 



Proviso. 



of this act, or to make information against such per- 
son or persons ; and they are further authorized and 
commanded to apprehend and arrest, and immediately 
take any person or persons who lasij be charged with 
such violations before any justice of the peace, magis- 
trate, or other legally constituted authority, and 
thereupon make charge of such violation of the law 
or any provision thereof; and the justice of the peace 
or magistrate shall forthwith hear and determine the 
charge as provided in section three of this act ; and 
in case of any fish commissioner, fish-warden, or any 
other ofiicer named above, fails to prove his case, and 
the defendant or defendants are discharged, or in 
case the defendant or defendants are convicted and 
are sent to jail in lieu of the payment of fine or fines, 
penalty or penalties, the county in which the case is 
heard shall pay the costs. Such arrests may also be 
made on Sunday or any holiday, in which case the 
person or persons shall be taken before the proper 
officer and proceeded against on the lawful day next 
following the arrest. 

Section 3. That any justice of the peace, alderman, 
or magistrate, upon information or complaint made 
to him by affidavit of one or more persons, charging 
any person or persons with having violated any of the 
provisions of this act, is hereby authorized and re- 
quired to issue his warrant, under his hand and seal, 
directed to any constable, peace officer, or warden, 
and cause such person or persons to be arrested and 
brought before such justice, alderman, or magistrate, 
who shall hear and determine the guilt or innocence 
of the person or persons so charged ; and, if convicted 
upon such charge, shall be sentenced by said justice, 
alderman, or magistrate, severally to pay the fine or 
fines, penalty or penalties, provided in this act for 
such violations, together with the costs of suit. Said 
fines shall be paid over forthwith to the treasurer of 
the proper county and the said county treasurer shall 
pay over the same forthwith to the Commissioner of 
Fisheries, who shall pay the same into the State 
Treasury, for the benefit of the Commonwealth: Pro- 
vided, That in case the defendant or defandents shall 
neglect to pay at once the fine or fines so imposed, 
said defendant or defendants shall forthwith be sen- 
tenced to undergo imprisonment in the county jail 
of the county where such conviction takes place, for 



GAME, FISH AND FORESTRY LAWS. 197 

a period of one day for each dollar of fine so imposed 
and unpaid, unless the defendant or defendants, upon ^PP^ai- 
conviction, shall give notice of intention to appeal; 
when such defendant or defendants shall be permitted 
to enter into good and sufficient recognizance, with -g^.^ 
condition that the defendant or defendants appear be- 
fore such justice, alderman, or magistrate, on or be- 
fore the expiration of five days, if such appeal is not 
taken by him or them, or on the final determination 
of such appeal if it be not sustained, for execution of Proviso, 
sentence: Provided also. That all actions for any 
violation of any of the provisions of this act must 
be commenced within one year from the time when the 
offense was committed. 

Section 4. All acts or parts of acts inconsistent ^^p^^^- 
with this act are hereby repealed. 

Approved the 3rd day of June, A. D. 1911. 

JOHN K. TENER. 



AN ACT 

To classify the species of fish in such part of the {^{^^ pf L. "' 
boundary lakes, of more than five thousand acres, lOO.' 
as this Common Avealth has jurisdiction over, and in 
the waters of any peninsula or in any bay adjacent 
to or connected with such lakes ; to declare which 
fish are game-fish, which fish are food-fish, and 
which are minnows, or bait-fish ; to protect and 
provide for the maintenance and increase of fish 
in such lakes ; to regulate and proved for the pay- 
ment of license fees for the catching of fish from 
such boundary lakes, and prohibit the unauthorized 
taking of fish from devices used by authority of 
such license ; to provide penalties and punishments 
for the violation of any of the provisions of this 
act ; and requiring the county wherein an offense 
is charged to pay costs of prosecution in certain 
instances ; and repealing all acts inconsistent here- 
with . 

Section 1. Be it enacted, &c.. That in such part fak^'^'^'etc 
or parts of lakes of more than five thousand acres, 
lying between this and any other State or foreign 
country, as this Commonwealth has jurisdiction over, 
and in any water or on any peninsula or any bay 



198 



GAME, FISH AND FORESTRY LAWS. 



Game-fish. 



Bait-fish. 
Food-fish. 



Devices and 
appliances. 



Penalty. 



Nets and 
devices. 



Proviso. 



adjacent to or connected with such lake, the follow- 
ing named species of fish are hereby made specifically 
within the provisions of this act, to wit: All species 
or varieties of black or yellow bass, rock bass, calico 
bass or strawberry bass, crappie, muscallonge, and 
grass pike, which for the purpose of this act are 
hereby classified and hereinafter designated as game- 
fish; and minnows and killifish, which shall herein- 
after be designated as minnows or bait-fish; and all 
other species of fish shall be called food-fish. 

Section 2. That it shall be unlawful to fish for or 
capture any game fish in any waters within the 
jurisdiction of this Commonwealth, described in the 
first section of this act, in any manner or with any 
device or nppliance, or by any means whatsoever, ex- 
cept a rod and line having not more than three hooks, 
or with a hand-line having not more than three hooks, 
or a spear used for catching carp and suckers only, 
or with a trolling-line with spoon-hooks attached ; 
or, for food fish, with any device not specifically 
permitted in this act. Any person violating any pro- 
vision of this section shall, on conviction thereof, be 
subject to a penalty of twenty-five dollars, or in de- 
fault of payment, undergo imprisonment in the county 
jail for a period of one day for each dollar of fine un- 
paid, except when otherwise provided; and any device, 
appliance, or boats used in violation of the provisions 
of this section shall be forfeited to the Department 
of Fisheries. 

Section 3. That it shall be unlawful to fish for any 
kind of fish in any bay or in any waters on any 
peninsula described in the first section of this act, 
with nets or devices or means of any kind, except a 
rod and line having not more than three hooks, or 
with a hand-line having not more than three hooks 
attached, or with a trolling-line with spoon-hooks 
attached, at any time of the year: Provided, That 
nothing in this section shall be so construed as to pro- 
hibit the use of minnow-nets for angling or scientific 
purposes; or to prohibit the Department of Fisheries 
from catching fish at any time of the year with nets, 
for the purpose of stocking the waters or for taking 
spawn, or from removing by means of nets, by con- 
tract or otherwise, any fish which it may deem in- 
jurious to other game or food-fishes. Any person 
violating any of the provisions of this section shall. 



GAME, FISH AND FORESTRY LAWS. 



199 



on conviction, be subject to a penalty of twenty-five 
dollars, or in default of payment, be imprisoned in the 
county jail for a period of thirty days; and all nets, 
devices, appliances, or boats used in violating any 
of the provisions of this section shall be forfeited 
to the Department of Fisheries. 

Section 4. That it shall be unlawful for any person 
to catch and kill in any waters within the jurisdic- 
tion of this Commonwealth, described in the first 
section of this act, or have in possession, the same 
bein? killed, more thnn twenty-five rock bass, crappie, 
strawberry or calico bass, or more than twelve of any 
species of black bass, grass pike, or muscallonge: 
And provided further. That it shall be unlawful for 
any person to catch, take, or have in possession, the 
samt^ being killed, any game-fish, from the first day 
of November to the twentieth day of May next en- 
suing, b('th d;iys inclusive. Any person violating any 
of the provisions of this section shnll, on conviction, 
be subject to a penalty of five dollars for each and 
every fish so unlawfully caught, killed, or had in 
posossion, or, in default of payment, be imprisoned 
in the county jail for a period of one day for each 
dollnr of fine unpaid. 

Section 5. That it shall be unlawful for any person 
to put or place in any waters described in the first 
section of this act, over which this Commonwealth 
has jurisdiction, any electricity, or any explosive or 
poisonous substances whatsoever, or any drug or any 
poison bait, for the purpose of catching, taking, kill- 
ing, or injuring fish; or to allow any dead fish, fish 
oft'al, contents of tannery vats, planing-mill shavings, 
dye-stuff, coal or gas-tar, coal oil, sawdust, tan- 
bark, cocculus indicus (otherwise known as fish-ber- 
ries), lime, vitriol, or any of the compounds thereof, 
refuse from gas-houses, oil -tanks, pipes or vessels, 
or any deleterious, destructive, or poisonous sub- 
stances of any kind or character, to be turned into, 
or allowed to run, flow, wash or 'be emptied into, 
any of the waters aforesaid. In case of the pollution 
of Wiiters by any substances known to be injurious 
to fishes or fish food, it shall not be necessary to prove 
that such substances have actually caused the death 
of any particular fish. Any person violating any 



Penalty. 



Forfeiture. 
Number of 
game-fish 
that may be 
legally 
caught. 



Proviso. 
Closed 



Explosives 
or poisons. 



Contami- 
nation of 
waters. 



200 



GAME, FISH AND FORESTRY LAWS. 



Penalty. 

Fishing 
with ex- 
plosives or 
poisons. 



Penalty. 



Prima facie 
evidence of 
violation. 



Use of fish 
as compost, 
etc. 



Penalty. 



Distances. 



Limit. 



of the provisions of this section shall ,_ on conviction 
as provided in section seventeen of this act, be sub- 
ject to a fine of one hundred dollars. 

Section 6. That it shall be unlaw^ful to fish in any 
waters described in the first section of this act, and 
over which this Commonwealth has jurisdiction, with 
dynamite, nitro-glycerine, torpedoes, electricity, quick- 
lime, or any kind of explosives or poisonous sub- 
stances, or to place such substances in any waters 
except for engineering purposes, when written per- 
mission has been given therefor by the proper Na- 
tional, State, city, or county official or ofiicials. Any 
person violating any of the provisions of this section 
shall, on conviction, be subject to a fine of one hun- 
dred dollars, or imprisonment of six months in the 
county jail. 

Section 7. That in all cases of arrest made for the 
violation of any of the sections of this act, the pos- 
session of the fishes prohibited by such section, or 
the possession of a net, nets, or other device, at or 
near a place where the use of such net, nets, or de- 
vice is prohibited by such section, shall be prima facie 
evidence of the violation of such section or sections. 

Section 8. Any person or persons catching or sell- 
ing game or food-fish, or minor food-fish, from the 
waters of any part of any lake described in the first 
section of this act, for the purpose of making com- 
post or other fertilizing mixture, or who makes use 
of fish for such purpose without the consent in writ- 
ing of the Department of Fisheries, shall, on con- 
viction, be subject to a penalty of one hundred dol- 
lars, or an imprisonment of three months in the county 
jail, or both, at the discretion of the magistrate or 
court before whom conviction was had. 

Section 9. That no net of any description shall be 
set, fastened, drawn, or used within two miles of 
the entrance of any bay described in the first section 
of this act, nor within one-fourth mile from shore; 
nor shall any gill-net be set within three-quarters of 
a mile of any other portion of the shore of the part 
of any lake over which this Commonwealth has juris- 
diction, described in the first section of this act; nor 
shall any other net or nets, other than gill-nets, and 
nets fastened to and supported by poles driven in the 
ground, be set, fastened, or drawn, or used within 
seventeen miles from such entrance to any bay, de- 



GAME, FISH AND FORESTRY LAWS. 



201 



scribed in the first section of this act, measured in 
a direct line ; nor within half a mile from the entrance 
of any stream. Any person violating any of the 
provisions of this section shall, on conviction, be 
subject to a penalty of one hundred dollars, or, in 
default of payment, be imprisoned in the county jail 
for a period of three months. 

Section 10. That it shall be unlawful for any per- 
son or persons, company or corporation, operating 
nets or devices of whatever description or character 
in the v.^aters of any part of any lake described in 
this act, to capture and kill any sturgeon under three 
feet in length, or to have in possession the car- 
casses or flesh of any sturgeon of less than three 
feet in length. Any sturgeon of less than three feet 
in length which may be captured must be returned 
forthwith to the waters, with care and least possible 
injury. Any person or persons violating, or any 
member of a partnership or officer of a corporation 
that consents to or permits the violation of, any of 
the provisions of this section shall, on conviction, be 
subject to a penalty of twenty-five dollars for each 
sturgeon illegally captured, killed, or had in posses- 
sion, or, in default of payment, be imprisoned in the 
county jail for a period of one day for each dollar of 
fine unpaid. 

Section 11. As amended by the act of May 14th, 
1915, P. L. 521. 

Section 11. That it shall be Imoful to fish for food- 
iish in any part of any lake descrihed in the first sec- 
tion of this act, over which this Commonwealth has 
jurisdiction, subject to the other provisions and modi- 
fications in this act contained, with gill-nets having 
a mesh not less than three (3) inches, stretched mesh, 
fishing measure, and not more than thirty meshes 
deep ; provided that gill-nets used in fishing for trout 
shall have meshes at least five and one-half (5^) 
inches in size, stretched mesh, fishing measure; and 
with pound-nets, the cribs of which shall have a mesh 
of not less than two and one-half (2J) inches, stretched 
mesh, fishing measure; and with trap-nets, over 
seventeen miles from the entrance to any hay de- 
scrihed in the first section of this act, measured in 
a direct line, and over one-half mile from the en- 
trance to the lake of any stream., having a mesh of 
not less than two and one-half (2|) inches, stretched 



Penalty. 



Sturgeon, 



Legal 
lengths. 



Penalty. 



Gill-nets. 

Trout. 

Pound-nets. 
Trap-nets. 



202 



GAME, FISH AND FORESTRY LAWS. 



mesh, fishing measure; and with set lines with hooks 
isight hues, attached^ called night-lines. Auy person or persons 
fishing, at any time of the year, with gill-nets, pound- 
Violations, nets, or trap-nets having meshes of less size than here- 
in described, shall, on conviction, be subject to a 
fine of one hundred ($100) dollars, or, in default of 
Penaity. payment, each person convicted shall be confined in 

the county jail for a period of three months, and all 
boats, nets, and other appliances used, together with 
any fish caught, shall be forfeited to the Department 
Pioviso. of Fisheries: Provided further. That the provisions 

in regard to size of meshes in trap-nets shall not be- 
come elt'ective until August first, one thousand nine 
hundred and sixteen. 

Section 12. As amended by the act of May 14th, 
1915, P. L. 521. 
Boats, nets. Section 12. That it shall be unlawful for any per- 
and devices.' son, persons, company, or corporation to operate, 
for the purpose of catching fish, any boat, boats, 
net, nets, or any device whatsoever, except a rod 
and line having not more than three hooks, a hand- 
line having not more than three hooks, a spear used 
for catching carp and suckers only, and a trolling- 
line with spoon-hooks attached, in any part of any 
lake described in this act, over which this Common- 
wealth has jurisdiction, w^ithout having first paid 
into the hands of the Department of Fisheries the 
following amounts as license fees, to wit: For each 
row or sail-boat used in fishing with gill-nets, five 
dollars; for each boat of any kind, under ten tons 
gross burden, so used, ten dollars; for each boat of 
any kind, of from ten to twenty tons gross burden, 
so used, fifteen dollars; for each boat of any kind, 
over twenty tons gross burden, so used, twenty dol- 
lars ; for each pound-net, ten dollars ; for any other 
form of authorized and not excepted net or device, 
not less than fijty cents nor more than five dollars, 
as the Department of Fisheries may determine; and, 
in addition to the license fees above set forth, the 
operators of each boat, so licensed, shall permit a man 
designated by the Commissioner of Fisheries to ac- 
company such boat at any time when it is engaged 
in fishing, under and by virtue of such license, for 
the purpose of securing for the Department of Fish- 
eries from the fish so caught so much of their spawn 
Spawn. as the Department may desire to secure ; and any 



License fees. 



GAME, FISH AND FORESTRY LAWS. 



20S 



person operating or employing others to operate, or 
any ni(>mber of a partnership or officer of a corpora- 
tion that employs or consents to the employment of 
any person to operate, any boat, net, nets, device 
or devices, without having procured from the Depart- 
ment of Fisheries a license, as provided in this sec- 
tion, authorizing him, them, or it so to do, shall, 
on couvaction, be subject to a penalty of fifty dollars, 
or, in default of payment, be imprisoned in the county 
jail for a period of one day for each dollar of the fine 
unpaid, and all fish and nets shall be forfeited to 
the Department of Fisheries. 

Section 1.3. That it shall be unlawful for any per- 
son or persons, save the owner or owners thereof, 
or their lawful representatives, to remove or take 
fish from any device which has been duly licensed, and 
operated according to the provisions of this act. 
Any person or persons violating any of the provisions 
of this section shall, on conviction thereof, be sub- 
ject to a fine of ten dollars for each fish so unlaw- 
fully taken, pr(jvided the total amount of tine shall 
not exceed one hundred dollars for taking at any 
one time, and, in default of payment, be imprisoned 
in the county jail for a period of one day for each 
dollar of line unpaid ; and any fish recovered shall be 
returned to the owner or owners of the net or device 
from which they were taken, and all boats and ap- 
pliances used in taking the fish unlawfully shall be 
forfeited to the Department of Fisheries. 

Secti<m li. That whenever any person, persons, 
or company or corporation, shall apply to the De- 
partment of Fisheries for a license to operate any 
boat, boats, net or nets, or other device, in any 
waters in which may be used legally under the pro- 
visions of this act, the Department of Fisheries shall, 
upon receiving the fees provided in the twelfth sec- 
tion of this act, issue such license, duly signed by 
the Commissioner of Fisheries, which license shall 
hold good from the time it is issued until the close 
of the calendar year in which it is issued, and shall 
be carried by the operator or operators of said boat, 
boats, net, nets, device, or devices while they are 
being used: Provided, That no license shall be issued 
to a resident of any State or county whose laws pro- 
hibit the issuing of a license to a resident of the 
Commonwealth of Pennsylvania.' Said license must 



Violation. 



Penalty. 



Unlawful 
taking of 
flsh from 
licensed 
devices. 

Penalty 



Issue of 
license. 



Proviso. 



204 



GAME, FISH AND FORESTRY LAWS, 



Exhibition 
of license. 



Penalty. 



Proviso. 

Revocation 
of license. 



Buoys. 



Penalty. 



Proviso. 

Disposition 

of fees 
and fines. 



Settle- 
ments. 



be shown on demand by any fish warden, constable, 
deputy sheriff:. Fish Commissioner, or any author- 
ized representative of the Department of Fisheries. 
Any person having such license in his possession and 
refusing to show it on demand, shall be subject to 
a penalty of five dollars, or be imprisoned in the 
county jail for a period of one day for each dollar of 
fine unpaid: And provided further. That any per- 
son, persons, or corporations operating any boat, net, 
nets, device, or devices, under a license issued by the 
Department of Fisheries, who shall fail to comply in 
every way with the provisions of this act shall have 
his license revoked by said Department of Fish- 
eries . 

Section 15. That it shall be unlawful for all nets, 
except gill-nets and pound-nets, to be set, fixed, or 
fastened without having attached thereto a buoy of 
at least eighteen inches in diameter, bearing a me- 
tallic tag on which shall be the owner''s name and 
address, which buoy must be plainly visible and 
above water at all times. Any person violating any 
of the provisions of this section shall, on conviction 
as provided in section seventeen of this act, be liable 
to a penalty of twenty-five dollars and the confisca- 
tion of the net or nets: And further provided. That 
any net, so required to be buoyed, which is found in 
the water without buoy, as above provided, and the 
owner cannot be located, shall be confiscated to the 
Department of Fisheries. 

Section 16. That all moneys collected as license 
fees and fines, under the provisions of this act, shall 
be paid as received into the State Treasury, for the 
use of the Commonwealth, accompanied by an item- 
ized statement thereof, a copy of which shall be 
filed in the office of the Auditor General ; and a 
duplicate thereof, when receipted by the Auditor 
General and the State Treasurer, shall constitute a 
settlement between the Commissioner of Fisheries 
and the Auditor General and the State Treasurer 
as to the aforesaid license fees and fines. 

Section 17. That from and after the passage of 
this act, any Fish Commissioner, fish-warden, deputy 
warden, sheriff, deputy sheriff, constable, or any 
special officer, or any peace officer of this Common- 
wealth, is hereby authorized and commanded to forth- 
with seize any net, nets, or device whatever, that 



GAME, FISH AND FORESTRY LAWS, 



205 



may be used in any violation of any provisions of tliis 
act, and turn the same over to the Department of 
Fisheries ; and they are hereby authorized and com- 
manded to forthwith apprehend and arrest any person Arrests, 
or persons who may be guilty of violating any of the 
provisions of this act, and take him or them before 
any justice of the peace, magistrate, or other legally 
constituted authority, and thereupon make charges of 
such violation of the law or any of the provisions 
thereof ; and the magistrate shall forthwith hear and 
determine the charge, as provided in this act. And 
in case any Fish Commissioner, fish-warden, or other 
officer named above fails to prove his case, and the 
defendant or defendants are discharged, the county 
shall pay the costs ; and in case the defendant or de- 
fendants are convicted, and are sent to jail in lieu of 
the payment of the fine or fines, penalty or penalties, 
the county in which the case is heard shall pay the 
costs, in the first instance, without however relieving 
any defendant or defendants sentenced to pay the 
same. Such arrests may also be made on Sunday, 
in which case the person or persons shall be taken 
before the proper officer, and proceeded against on 
a week day following the arrest. All fines, penalty 
or penalties, paid to any justice of the peace, alder- 
man, or magistrate, shall forthwith be paid over by 
him to the Commissioner of Fisheries. All boats 
and nets, or devices, forfeited to the Department of 
Fisheries, shall be sold, and the money received there- 
for be paid into the general fund of the State Treas- 
ury. AH illegal devices, not preserved for exhibition 
purposes, to be destroyed. 

Section 18. That from and after the passage of this 
act, any justice of the peace, alderman, or magis- 
trate, upon information or complaint being made be- 
fore him by the affidavit of one or more persons, 
charging any person with having violated any of the 
provisions of this act, is hereby required and author- 
ized to issue his warrant, under his hand and seal. Warrants 
directed to a constable, police officer, or warden, 
requiring such person or persons to be arrested and 
brought before such justice of the peace, alderman, 
or magistrate, who shall hear and determine the Hearing, 
guilt or innocence of the person or persons so charged ; 
and, if convicted, such justice of the peace, alder- 
man, or magistrate, shall sentence the person or 



When 

county shall 
pay costs. 



Sunday 
arrests. 



Disposition 
of fines by 
justice of 
the peace, 
etc. 



Complaints. 



206 



GAME, FISH AND FORESTRY LAWS. 



Penalty. 



Repeals. 



persons so convicted, severally, to pay the fine or 
fines, penalty or peualties, provided in this act for 
such violation or violations, together with the costs 
of suit ; and such fines and penalties shall be appro- 
printed as provided in section sixteen of this act. 

Section 19. That the following acts and parts of acts 
intended to be supplied by this act, be and the same 
are hereby repealed: — 

"An act to classify the species of fish in such parts 
of boundary lakes, of more than five thousand acres, 
as this Commonwealth has jurisdiction over, and in 
waters of any peninsula, or in any bay adjacent to 
or connected with such lakes ; to declare which fish 
are game-fish, which fish are food-fish, minor food- 
fish, and minnows or bait-fish; to protect and provide 
for maintenance and increase of fish in such lakes; 
to regulate and provide for the payment of license 
fees for the catching of fish from such boundary laks ; 
and to provide penalties and punishments for any 
violation of any of the provisions of this act, and to 
repeal all acts inconsistent herewith," approved the 
twenty-second day of April, Anno Domini one thou- 
sand nine hundred and five. "An act to classify the 
species of fish in such parts of boundary lakes, of 
more than five thousand acres, as this Commonwealth 
has jurisdiction over, and in the waters of any penin- 
sula or in any bay adjacent to or connected with such 
lakes; to declare which fish are game-fish, which fish 
are food-fish, and which are minnows or bait-fish; 
to protect and provide for the maintenance and in- 
crease of fish in such lakes; to regulnte and provide 
for the payment of license fees for the catching of 
fish from such boundary lakes; and prohibit the un- 
authorized taking of fish from devices used by author- 
ity of such licenses ; to provide penalties and punish- 
ments for the violation of any of the provisions of 
this act; and requiring the county wherein an offense 
is charged to pay costs of prosecution in certain in- 
stances; and repealing all acts inconsistent herewith," 
approved April fourth, one thousand nine hundred and 
seven . 

And, in addition to the above, all acts or parts of 
acts inconsistent with the provisions of this act, are 
herebv repealed. 

Approved— The 18th day of April, A. D. 1913. 

JOHN K. TENER. 



GAME, FISH AND FORESTRY LAWS. 207 



A JOINT RESOLUTION 

Requiring the construction of an adequate fish-way Act April 
in the dam constructed across the Susquehanna 1913, P. L. 
River by the McCall's Ferry Power Company, now ^^^• 
the Pennsylvania Water and Power Company, at 
McCall's Ferry; providing how, and when, and by 
whom such fish-way shall be constructed, and pro- 
viding penalties for failure to comply with the terms 
of this resolution. 

Whereas, The McCall's Ferry Power Company, now P^-eambie. 
known as Pennsylvania Water Power Company, has 
heretofore erected a dam across the river Susque- 
hanna, at McCall's Ferry; and 

Whereas, In the decree of court authorizing the con- 
struction of said dam, the construction and mainte- 
nance thereof was subject to the making and main- 
taining by said company of adequate provision for 
the passage of fish ; and 

Whereas, The said company, in wanton and flagrant 
violation and disregard of said decree, has hitherto 
refused and neglected to comply therewith and has 
wilfully refused and neglected to make adequate pro- 
vision for the passage of fish, as aforesaid; and 

Whereas, Inasmuch as said company has acted in 
flagrant contempt of the law^s of this Commonwealth 
and of said decree, the powers and privileges vested 
in said company should be revoked and the company 
made to realize that it cannot with impunity act in 
wilful disregard of the rights of the citizens of Penn- 
sylvania ; therefore, — 

Section 1. Be it resolved, &c.. That the Fish Com- g^^ at 
missioner is hereby authorized to examine the dam pe^y. ^ 
erected across the Susquehanna River, at McCall's 
Ferry, by the McCall's Ferry Power Company, now 
the Pennsylvania Water and Power Company, and Examina- 
to ascertain whether said company has complied with ^i*'^- 
the decree of the court of common pleas of Dauphin 
County made on, to wit, the fourteenth day of Jan- 
uary, one thousand nine hundred and seven, as of 
record at number four hundred sixty-two. Common- 



208 



GAME, FISH AND FORESTRY LAWS. 



Fishway. 



Notice. 



Authority, 
of the Com- 
missioner. 



Cost. 



Writ of quo 
warranto. 



wealth docket one thousand nine hundred six, and 
to ascertain whether adequate provision has been made 
for the passage of fish. If the Fish Commissioner 
shall ascertain that adequate provision for the passage 
of fish has not been made, he shall, in writing, notify 
the said company to begin not later than June first, 
one thousand nine hundred and thirteen, and complete 
not later than November first, one thousand nine hun- 
dred and thirteen, the construction of a fish-way that 
will thereafter secure adequate provision for the pas- 
sage of fish up and down said river. If said com- 
pany shall not, after the expiration of one week 
from service of said notice on any official of the com- 
pany, begin such work, and prosecute it continuously 
to completion within the said limit of time, and in 
accordance with plans heretofore or hereafter prepared 
by the Fish Commissioner, then said Fish Commis- 
sioner is hereby authorized to cause said work to be 
done in accordance with said plans, and at the cost 
of the said company . If the work be done by the 
Fish Commissioner, he is hereby authorized to col- 
lect, in the name of this Commonwealth, the cost 
thereof, with a penalty of fifty per centum additional, 
to be collected as debts of like amount are now by law 
collected. The surplus, after payment for said work, 
shall be paid into the treasury of this Commonwealth. 
Furthermore, if the said company shall not begin 
said work as aforesaid, the Fish Commissioner shall 
lay the matter before the Attorney General, who 
shall forthwith, by quo warranto, proceed to have the 
powers and privileges heretofore vested in said com- 
pany revoked. 
Approved— The 22d day of April, A. D. 1913. 

JOHN K. TENER. 



GAME, FISH AND FORESTRY LAWS. 



209 



AN ACT 

To give additional protection to the fish in the waters 
within the Commonwealth of Pennsylvania ; prohib- 
iting the fishing for, or capture or killing of, such 
fish by unnaturalized foreign-born residents ; and 
prescribing penalties for violation of its provi- 
sions. 

Section 1. Be it enacted, &c., That from and after 
the passage of this act, it shall be unlawful for any 
unnaturalized foreign-born resident to go fishing for, 
or capture or kill, in this Commonwealth, any fish 
of any description. Each and every person violating 
any provisions of this secti'-n shall, upon conviction 
thereof, be sentenced to pay a penalty of twenty dol- 
lars for each offense, or undergo imprisonment in 
the common jail of the county for the period of one 
day for each dollar of penalty imposed. 

Section 2. For the purpose of this act, any unnat- 
uralized foreign-born person who shall reside or 
live within the boundaries of the Commonwealth of 
Pennsylvania for ten consecutive days, shall be con- 
sidered a resident, and shall be liable to the penalties 
imposed for violation of the provisions of this act. 

Section 3. From and after the passage of this act, 
any justice of the peace, alderman, or magistrate, 
upon information or complaint made to him by affi- 
davit of one or more persons, charging any person 
or persons with having violated the provisions of this 
act, is hereby authorized and required to issue his 
warrant, under his hand and seal, directed to any 
constable, peace officer, or warden, and cause such 
person or persons to be arrested and brought before 
such justice, alderman, or magistrate, who shall hear 
and determine the guilt or innocence of the person or 
persons so charged ; and, if convicted of such charge, 
shall be sentenced by said justice, alderman, or magis- 
trate, severally, to pay the fine or fines, penalty or 
penalties, provided in this act for such violations, 
together with the costs of suit. The whole of said 
fine shall be paid over forthwith to the treasurer of the 



Act of April 
21, 1915. P. 
L. 160. 



Fish. 



Fishing l)y 

unnaturalized 

foreign-born 

resident, 

prohibited. 



Resident dt 
fined. 



Affidavit. 



Hearing. 



14 



210 



GAME, FISH AND FORESTRY LAWS 



Proviso. 
Non-payment. 



Notice of 
appeal. 



Proviso. 



Counsel. 
Arrests. 



Authority of 
officers. 



Charge. 
Hearing. 



Sunday 
arrests. 



county in which the prosecution was brought, and said 
county treasurer shall pay over the same forthwith 
to the Commissioner of Fisheries, for the benefit of 
the Commonwealth: Provided, That, in case the 
defendant or defend.-ints shall neglect to pay at once 
the fine or fines so imposed, said defend;int or de- 
fendants shall forthwith be sentenced to undergo im- 
prisonment in the county jail of the county where such 
conviction takes place, for the period of one day for 
each dollar of fine so imposed and unpaid, unless the 
defendant or defendants, upon conviction, shall give 
notice of intention to appeal ; when such defendant 
or defendants shall be permitted to enter into good 
and sufficient recognizance to appear before such jus- 
tice, alderman, or magistrate, on or before the ex- 
piration of five days, if such appeal is not taken by 
them, or on the final determination of such appeal 
if it be not sustained, for execution of sentence: 
Provided also. That all actions for any violation of 
any of the provisions of this act must be taken within 
one year from the time the olfeuse was committed ; 
and, when necessary to properly conduct any case 
before any alderman, justice of the peace, magistrate, 
or any court, the Commissioner of Fisheries is au- 
thorized to employ legal counsel. 

Section 4. Froiu and after the passage of this act, 
any fish commissioner, fish-warden, deputy-warden, 
sheriff, deputy sheriff, constable, or any special 
officer, or any peace officer in this Commonwealth, 
is hereby authorized and commanded to forthwith 
apprehend and arrest any person or persons who may 
be guilty of violating the provisions of this act, and 
take such person or persons before any justice of the 
peace, alderman, or magistrate, and thereupon make 
charge of such violation of this act; and the justice 
of the peace, alderman, or magistrate shall forth- 
with hear and determine the charge, as provided in 
section three of this act; and, in case any fish com- 
missioner, fish-warden, or any officer named above, 
fails to prove his case, and the defendant or defend- 
ants are discharged; or, in case the defendant or 
defendants are convicted, and are sent to jail in lieu 
of the payment of fine or fines, penalty or penalties, 
the county in which the case is heard shall pay the 
costs. Such arrests may also be made on Sunday, in 
whj<c?h case the person or persons, so arrested, for 



GAME, FISH AND FORESTRY LAWS. 211 

safe-keeping may be committed to the jail or lock-up 
for that day ; but shall be taken before the proper 
magistrate and proceeded against on a week-day fol- 
lowing the arrest. 

Section 5. All acts or parts of acts inconsistent R^peaL 
with this act are repealed. 

Approved— The 21st day of April, A. D. 1915. 

MARTIN G. BRUMBAUGH. 



212 GAME, FISH AND FORESTRY LAWS. 



SUMMARY OF IMPORTANT PROVISIONS OF THE FISH 
LAW RELATING TO FISH AND FISHING IN INLAND 
WATERS . 



The Department of Fisheries has nothing whatever to do with 
the interpretation of either the Game or the Forestry laws of this 
Commonwealth. 

All letters relating to fish or to fishing in this Commonwealth 
should be addressed to the Department of Fisheries at Harrisburg, 
Penna. 

The following are classified as game fish in inland waters: Charr, 
commonly called brook trout ; all species of trout and of the sal- 
mon family ; blue pike ; perch-pike, otherwise known as Susque- 
hanna salmon, or wall-eyed pike; pickerel, western pike; mus- 
callonge; small-mouthed bass, otherwise called black bass; large- 
mouth bass, otherwise called Oswego, green, or yellow bass; 
crappie, grass, strawberry, or calico bass; white bass, rock bass, 
otherwise known as red-eye, or goggle-eye ; and all other species 
or varieties of fresh water fish, called or commonly known as 
bass, except striped bass, or rock fish, and fall fish. The follow- 
ing are classified as bait fish; to wit. All forms of minnows, all 
forms of killifishes, and stone catfish. All other species or variety 
of fish, whatsoever, in the waters within this Commonwealth, are 
hereby classified as food fish. 

Section 1, Act May 1, 1909, page 152. 

There shall be no fishing of any kind, or with any device, by 
any person on the first day of the week, commonly called Sun- 
day. 

Penalty, $20. 

Section 2, Act May 1, page 153. 

Where a person is prosecuted for violating any provision of 
the fish law of this State he is to be tried summarily. 

He is entitled to appeal under the provisions of the Constitution 
relating to appeal for summary conviction. 

He has the right to enter into recognizance to either pay the 
penalty imposed, or to certiorari the proceedings or to appeal. 
Section 27, Act May 1, 1909, page 168. 



GAME, FISH AND FORESTRY LAWS. 213 

The full penalty recovered for violation of the fish law of this 
Commonwealth belongs to the Commonwealth and no prosecutor 
is entitled to any part thereof. 

Section 27, Act May 1, 1909, page 167. 

Remember there are two distinct sets of fish laws in operation 
in Pennsylvania, one applying to inland waters and the other to 
boundary waters, Lake Erie and the Delaware River. Do not get 
these laws confounded. 

Remember fish in this State, bait fish excepted, can be taken 
only by methods specifically permitted and that you are liable to 
a penalty if you take them in any other way. 

Trout may be taken only with a single rod and line, and but 
one rod and line can be legally used by one person at one time 
on trout streams of the Commonwealth no matter what kind of 
fish you may be attempting to catch. 

A trout stream as described by the law, is "a stream, or that 
part thereof, in which trout are commonly fished for and caught." 
Section 28, Act May 1, 1909, page 168. 

Other fish classed as game fish may be taken by rod and line or 
hand-line without limit in numbers of rods that may be used, 
during the open season for such fish in the State, excepting that 
the number of appliances known as a tip-up used for the catching 
of pickerel and yellow perch through the ice is limited to eight to 
one person. The use of hand-lines appears to be limited to one 
hand-line. 

Food fish may be taken at any time, Sundays excepted, through 
the use of rod and line or hand-line, without limit in the number 
of rods and lines used ; hand-lines appear to be limited to one 
line. 

No line either fastened to a rod or used as a hand-line, shall 
have attached thereto more than three hooks at one time, and 
the hook known as a burr hook containing three points, shall be 
considered as three hooks. 

No person fishing with rod and line or with hand-line shall be 
liable to a penalty unless he has caught and retained a fish, the 
catching of which is forbidden at that time. 

The device known as a tip-up is permitted for the taking of 
pickerel and yellow perch in season ; the number is limited to eight 
to any one person at one time. 

Section 2, Act May 1, 1909, page 153. 



214 GAME, FISH AND FORESTRY LAWS. 

Spears or gigs without regard to size or spread of tine may be 
used for the taking of eels, carp, suckers, and mullets in streams 
other than trout streams, during the months of July, August, 
September and October. 

Out-lines or night-lines may be used in streams other than trout 
streams from the first day of June to the first day of December 
for the catching of carp, suckers, mullets, catfish and eels; dead 
bait alone can be used, and the number of snoods with hook at- 
tached that can be lagally used by one person at one time is 
limited to 100. An out-line is a line fastened at both ends to some 
weighty or stationary object. 

Section 6, Act May 1, page 156. 

Bait fish may be taken at any time, Sunday excepted, and 
in any manner excepting through the use of explosives and poi- 
sons, the use of nets of all kinds is forbidden from Saturday noon 
until 6 o'clock of the Monday morning next following. 

Brook trout may be legally taken only with a single rod and line 
having attached thereto not more than three hooks, from the 
fifteenth day of April to the thirty-first day of July both days 
inclusive. 

Lake trout can legally be taken from the fifteenth day of June 
to the first day of December. 

Wall-eyed pike, commonly called Susquehanna salmon, may 
be legally taken from the fifteenth day of June to the thirty-first day 
of December of each year, both days inclusive. 

All other fish classed as game fish, excepting trout and salmon, 
may be legally caught from the fifteenth day of June to the thir- 
tieth day of November of each year, both days inclusive. 

Section 3, Act May 1, 1909, page 153. 

It is unlawful to catch and retain, or to have in possession after 
the same have been caught in any of the waters of this Common- 
wealth, any brook trout of a full length less than six inches. 

Or to' catch and retain in any one day more than forty of such 
fish. 

Or to catch and retain or to have in possession after the same 
have been caught in any of the waters of this Commonwealth 
any white bass, rock bass, crappie, strawberry bass or calico 
bass, or any yellow perch of a length less than six inches. 

Or to catch and retain more than twenty-five of any of these 
kinds of fish in any one day. 



GAME, FISH AND FORESTRY LAWS. 215 

Or to catch and retain, or to have in possession, any black 
bass, or any Oswego or yellow bass, or striped bass otherwise 
known as rock iish, or any salmon trout of a length less than 
eight inches. 

Or to catch and retain more than twelve black bass* or twelve 
yellow bass in any one day. 

Or to catch or retain anv blue pike, pike-perch, otherwise 
called Susquehanna salmon, or any pickerel of a length less than 
twelve inches. 

Or to retain more than twenty-five of either of these kinds of 
fish caught in any one day. 

Or to catch and retain any muscallonge of a length less than 
twenty-four inches. 

Or to retain more than four of these fish caught in any one 
day. 

Or to catch and retain any sturgeon of a length less than five 
feet. 

Section 3, Act May 1, 1909, page 154. 

Suckers, carp, catfish, eels, mullets, and sun fish are classed 
as food fish and may be taken at any time of the year (Sundays 
excepted), through the use of rod and line or by hand-line. 

These fish, excepting the sun fish, may be taken in streams, 
other than trout streams, through the use of dip nets and fyke 
nets, without wing walls from the thirtieth day of June of any 
one year until the first day of June next following. Said fyke 
nets are to be of prescribed opening and set not nearer than ten 
feet apart. No limit as to size of net of either kind. 

Section 4, Act May 1, 1909, page 154. 

Shad, herring and alewife may be legally taken from the first 
day of ]\Iarch to the tenth day of June next following, both days 
inclusive (Sundays excepted), through- the use of seines and nets 
of prescribed mesh. 

Section 5, Act May 1, 1909, amended by Act of June 3, 1911, 
page 155, 

Outlines can be used in waters not inhabited by trout from 
the first day of June to the thirtieth day of November next fol- 
lowing, both days inclusive, for the purpose of catching carp, 
eels, suckers, mullets, and catfish, only, and cut or dead bait 
alone can be used on such line 

Outlines are lines having both ends fastened to some weighty or 
stationary object. These lines can be legally used only from 
five o'clock of one afternoon to seven o'clock of the next morning. 
Snoods with hooks attached must be removed or the hooks cleared 



216 GAME, FISH AND FORESTRY LAWS. 

of bait each day. The line must be so weighted as to rest upon 
the bottom. No individual can have in use on any one out-line 
or any number of out-lines more than 100 hooks at any one 
time. 

All other fish than above named caught through the use of an 
out-line, mv^t be released with as little injury as possible and be 
returned to the waters from whence they were taken. 

Penalty, $20. 

Section 6, Act May 1, 1909, page 156. 

Migration of fish must not be obstructed . 

Penalty, $50. 

Section 7, Act May 1, 1909, page 157. 

Fish ways must be placed at dams at request of Commissioner 
of Fisheries. 
Section 9, Act May 1, 1909, page 157. 

Water wheels must be screened at request of Commissioner of 
Fisheries . 
Section 10, Act May 1, 1909, page 158. 

Persons engaged in the artificial propagation of fish for profit 
must procure a license before beginning to operate such plant. 

Persons so licensed may catch fish on such licensed premises 
(except open streams), at any time without limit, and in any 
manner excepting through the use of explosives and poisons, and 
may sell the same either within or without the Commonwealth, at 
pleasure, under certain restrictions. 

Section 11, Act May 1, 1909, page 159. 

Brook trout taken from either private streams, not covered by 
a license, or from public waters, may not be legally bought or 
sold by any one at any time, either within or without the Com- 
monwealth . 

Penalty, $20 for each offense. 

Section 12, Act May 1, 1909, page 160. 

Other fresh dead game fish, caught either within or without 
the Commonwealth, may be bought and sold within the Common- 
wealth only during the open season for such fish within the Com- 
monwealth and for six days thereafter. 

Dead fresh food fish caught within the Commonwealth may be 
bought and sold only during the open season for such fish and for 
six days thereafter. 

Section 13, Act May 1, 1909, page 161. 



GAME, FISH AND FORESTRY LAWS. 217 

It is illegal without permission of some one in authority to 
fish for fish of any kind, or to trespass upon lands used by the 
State for fish propagating purposes. 

Penalty, $100. 

Section 14, Act May 1, 1909, page 161. 

Domestic fowls may be killed when found trespassing upon 
waters or lands used by any person for the artificial propagation 
of fish, after notice in writing to the owner of such fowls. 

Wild birds or animals destructive to fish may be killed on such 
Waters or lands at any time. 
Section 15, Act May 1, 1909, page 161. 
Pollution of streams prohibited. 

It is unlawful to place explosives or poisons in any of the 
waters of this Commonwealth, excepting explosives for engineering 
purposes, a permit for the use of which must first be secured from 
the proper authorities. 

Penalty, $100. 

Section 16, Act May 1, 1909, page 162. 

It is unlawful to introduce into any of the waters of this Com- 
monwealth inhabited by trout, any other carnivorous fish, without 
securing the consent of the owner of such waters, and also the 
written consent of the Commissioner of Fisheries. 

Penalty, $50. 

Section 17, Act May 1, 1909, page 162. 

When acting in his official capacity for the State, either in 
person or through his duly appointed agents, the Commissioner 
of Fisheries has the right to catch fish at any time and in any 
manner except through the use of explosives or. poisons. 

Section 18, Act May 1, 1909, page 163. 

The Commissioner of Fisheries can make such distribution of 
fish as to him may seem best. 

First, to the public waters located on Forestry Reserves of 
the State. 

Second, to public institutions for educational purposes. 

Third, to such other waters of the State as may be open to 
public fishing. 

Section 19, Act of May 1, 1909, page 163. 

It is unlawful to apply for, or to receive fish from the Depart- 
ment of Fisheries, for the purpose of stocking private waters, 
not open to public fishing within the State. 

Penalty, $25. 

Section 19, Act May 1, 1909, page 164. 



218 GAME, FISH AND FORESTRY LAWS. 

The Commissioner of Fisheries has the power to set aside and 
close to fishermen, for a series of years, any of the small streams 
of the State that may seem best suited for nursery purposes. 

Section 20, Act May 1, 1909, page 164. 

Persons fishing with certain devices must secure a license-. 
Section 21, Act May 1, 1909, page 164. 

It is unlawful for any person other than the licensee of such 
device or his legitimate employe, to remove fish from such device, 
except that any person may release and set at liberty any fish 
that might not be legally taken through the use of such device. 

Section 22, Act May 1, 1909, page 165. 

Where a fish warden fails to convict or defendant goes to jail, 
costs are to be paid by the county. 
Section 24, Act May 1, 1909, page 166. 

Persons interfering with officers of the Department of Fisheries, 
either by threats, menaces or in any manner attempting to deter 
or hinder them in the performance of their duty, are liable to a 
penalty of $100. 

Section 25, Act May 1, 1909, page 167. 

Prima facie evidence. 

Section 26, Act ^fay 1, 1909, page 167. 

JNIanner of proc<'dure to secure convictions and of appeal. 

Section 27, Act May 1, 1909, page 167. 

Wardens are required to return all penalties collected to the 
State. 
Section 27, Act May 1, 1909, page 167. 

Wardens' powers and duties, pages 90, 166, 169, 181, 210. 

Commissioner of Fisheries has the right and power to issue 
hulletins. 
Section 31, Act May 1, 1909, page 170. 

All boats, nets, and other fishing paraphern/^Ua used in viola- 
tion of law forfeited to the State. 
Section 33, Act May 1, 1909, page 171, 

Number and size of fish that may be legally taken is fixed by law. 
Section 3, Act May 1, 1909, page 154, and table on page 224. 

Eel pots of certain size may be used in manner prescribed by law. 
Section 4, Act May 1, 1909, page 154. 



GAME, FISH AND FORESTRY LAWS. 219 

Dip nets of prescribed mesh may be used for the taking of carp, 
eel, cat fish, and suckers, in waters of the Commonwealth, not 
inhabited by trout. 

Section 4, Act May 1, 1909, page 155. 

All fish taken except by means specifically permitted must be 
returned, unhnrmed, to the water when they are taken. 

Penalty $10 for each game fish so taken and retained, with for- 
feiture of all fish appliances used. 

Section 3, Act May 1, 1909, page 154. 

The provisions of the act of May 1, 1909, do not apply to 
waters forming the boundary line between this State, and any 
other State or Nation. 

See Act April 18, A. D. 1913, P. L. 100, page 197, regulating 
fishing in Lake Erie. The Act May 1, 1909, page 174, regulating 
fishing below Trenton Falls, and the Act of May 8, 1909, page 
184, regulating fishing above Trenton Falls. 

It is the duty of all peace officers of the Commonwealth, to de- 
stroy all illegal devices, used in fishing, and to arrest the parties 
operating the same. 

May arrest without warrant where parties are caught in the act. 
Arrests may be made on Sundav. 
Section 24, Act May 1, 1909, page 166. 

All actions for violation of the fish law must be brought within 
one year, from the date of the commission of the offense. 
Section 27, Act May 1, 1909, page 168. 

Bull frogs and terrapin are now protected for a certain time. 
Act April 6, 1903, page 151. 

Under an opinion of the Attorney General, snapping turtle is 
not classed as terrapin ; there is therefore no law controlling 
the taking of this turtle and it may therefore be caught at any 
time . 



220 GAME, FISH AND FORESTRY LAWS, 



SUMMARY OF IMPORTANT PROVISIONS OF THE FISH 
LAW GOVERNING THE BOUNDARY WATERS OF THE 
STATE. LAKE ERIE. 



The list of game and food fish in these waters is the same as 
in the State at large, excepting wall eyed pike and blue pike 
and lake trout. 

Section 1, Act April 18, 1913, page 197. 

Manner of taking game fish, in boundary waters, the same as 
in other waters of the State, viz: With rod, hook and line. 

Penalty, $25 with forfeiture of all nets and appliances illegally 
used. 

Section 2, Act of April 18, 1913, page 198. 

There is nothing in the act regulating fishing in Lake Erie 
that prohibits fishing with rod and line or with hand line on 
Sunday . 

It is illegal to catch, either game or food fish, for the purpose 
of making compost or fertilizer. 
Penalty, $100 and imprisonment for three months. 
Section 8, Act of April 18, 1913, page 200. 

Contamination of streams or waters described in this act for- 
bidden . 
Penalty, $100. 
Section 5, Act of April 18, 1913, page 199. 

It is illegal to use a net, or seine of any description, within 
two miles of the mouth of any stream, or the entrance to any 
bay, named in the first section of this act, or to set a gill net 
or nets, within three-quarters of a mile, of any portion of the 
shore of said waters. 

Nets of no description except gill nets and nets fastened to 
poles can be legally used within seventeen miles of the entrance 
to any bay described in the first section of this act. 

Penalty, $100 and imprisonment for three months. 

Section 9, of the Act of April 18, 1913, page 200. 

License fee required from any person, or corporation, operating 
a fishery in any of the waters named in this act. 
Penalty, $100. 
Section 14, Act of April 18, 1913, page 203. 



GAME, FISH AND FORESTRY LAWS. 221 

License must be exposed for examination upon demand made 
by proper officer. 
Penalty, $5. 
Section 14, Act April 18, 1913, page 204. 

Act May 8, 1909, relating to fishing in the Delaware River above 
Trenton Falls. 
Classification of fish the same as in State at large. 
Section 3, Act May 8, 1909, page 186. 

Seasons are the same as in State at large. 
Section 10, Act May 8, 1909, page 188. 

The catching of game fish is limited to rod and line or hand 
line with not more than three hooks attached, and the number 
of rods and lines or hand lines is limited to two, rods and lines 
or two hand lines, or one of each, by any person at one time. 

Section 4, Act May 8, 1909, page 186. 

The catching of bait fish is limited to methods specifically per- 
mitted . 
Penalty, $20. 
Section 5, Act May 8, 1909, page 186. 

The catching of food fish is limited to methods specifically per- 
mitted. 
Penalty, $20. 
Section 6-7, Act May 8, 1909, page 187. 

Use of nets prohibited in Delaware River from 2:00 o'clock P.M. 
on Saturday to 12:00 o'clock midnight Sunday night following. 

Section 9, Act May 8, 1909, as amended by Act June 3, 1911, 
page 188. 

Width or depth of gill net that may be legally used in Lake Erie 
limited to 30 meshes. 
Section 1, Act May 5, 1911, page 193. 

Fishing on Sunday with rod and line or with hand line in 
boundary waters is not forbidden. 

The use of out lines is not permitted in boundary waters. 

The use of fish baskets is not permitted in boundary waters. 



222 GAME, FISH AND FORESTRY LAWS. 

Time when fish may be taken through the use of seines and 
nets altered and fixed. 

Amended section 9, Act May 1, 1909, page 178. 

Striped bass or rock fish exceeding twenty pounds in weight 
not to be taken. 

Length of other fishes that may be legally taken fixed. 
Section 12, Act May 8, 1909, page 189. 

Seines or nets not to be wantonly interfered with. 
Section U, Act May 1, 1909, page 180. 
Section 13, Act May 8, 1909, page 189. 

It is unlawful for any person to drift a gill net over the waters 
of a shore fishery while the hauling seine is being used. 
Section U, Act May 1st, 1909, page 180. 

Explosives and poisons not to be used. 

Pollution of waters prohibited. 

Section 14, Act May 8, 1909, page 190. 

States to have concurrent jurisdiction. 
Section 16, Act May 8, 1909, page 190. 

Act May 1, 1909, relating to fishing in the Delaware River below 
Trenton Falls. 

Provisions the same as above Trefaton Falls, excepting those 
relating to the use of nets and seines. 

References in this book to court decisions upon the subject of 
game, will also apply to fish, page 235. 

No fish excepting bait fish in Pennsylvania waters can be 
legally taken by any method not specifically permitted. 

Special attention is also called to the fact that under the opinion 
of the Attorney General and the ruling of several courts of the 
State, the taking of fish of all kinds is limited to the methods 
specifically permitted by law. The use of all methods for taking 
fish not named .in the several acts upon this subject are therefore 
forbidden . 

This provision covers the draining of dams or ponds for the pur- 
poses of catching fish, also the catching of fish with one's hands, 
or in any other manner, excepting through the use of methods 
specifically named. 



GAME, FISH AND FORESTRY LAWS. 223 

Special attention of fishermen is called to the trespass law 
found on pages 23 and 25. 

Attention is also called to the provisions regarding fishing in 
streams other than strictly public waters, as found in Section 19 
of the Act of May 1st, 1909, page 163. 

Unnaturalized foreign-born residents are absolutely prohibited 
from fishing in any manner. Act April 21, 1915, page 209. 



221 



GAME, FISH AND FORESTRY LAWS. 



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IPEI TO FISH LAWS 



A. 

Page. 

Actions, time limitation 168, 182, 191, 197, 210' 

Alewif e 155 

Alderman 167, 182, 191, 194, 196, 205 , 21& 

Aliens, unnaturalized residents, prohibited f:om fishing 209 

Anihored, nets not to be, at both ends, 178,187 

Apparatus, forfeiture of fishing 155,178,179,187,188,189,193,199,204 

Apparatus, fishing, destruction of 145,166 

Appeal, right of, 146,168,182.191,197,210 

Aiiplication of fines and penalties 146, 167, 182, 191, 196, 1^04,205,209 

Application to maintain a propagating plant 159 

Appointment of Commissioner of Fisheries, 149 

Aiipointuient of Fish Wa dens, 168 

Appointment of Chief Warden 168 

Appointmeut of Special Fish Wardens 170 

Artificial propagation of fish bv individuals 159 

Arrest 145,166,181,190,193,195,205, 210 

Arrest, resisting or interfering with 145,167,183,191 

Arrest, on Sunday 166,194,196,205,210 

Arrest, warrant for 194,196,205,209 

Airest, without warrant 145,193,195,205,210 

Arrest for offense committed on Delaware River 145,181,190' 

Associations, suggestions for 333 

B. 

Bail, 168,182,191,210 

Bait, cut or dead, 156- 

Bait fish , 145, 152, 176,186, 198 

Bait fish in Delaware Eiver, '. 145,176,186 

Basket, fish, provision repealed 157 

Bass, black 144,145,152,154, 176, 1S6, 198 

Bass, grass, 152, 134,176,186,198 

Bass, green 1-,2,154,176, 186, 19& 

Bass, large-mouth, 152, 154,176. 186, 198 

Bass, rock or red-eye, 144,145,152,154,176,186,198 

Bass, small mouth 152,154,176,186,198 

Bass, white, 152,154,176,186,198 

Bass, striped 152,154,176, 186,196 

Bass, yellow, or Oswego, or green, 152,154,176,186,198 

Bass, calico, or strawberry, 152,154,176,186,198 

Bass in Delaware River, 176, 18& 

Blue Pike 152,154, 176,186, 198 

Boat, forfeited to Commissioner of Fisheries. ..155,171.178,179,187,188,189.199,204 

Boundary waters 143, 174, 184, 193, 197 

Boundary, length of fish in 180,189,201 

Brook trout 152, 153, 154,160, 161, 176, 186 

Bulletins may be issued by Department of Fisheries 170 

Bull frogs, 151 

Burr hook 153.176,186 

(227) 



228 INDEX. 

C. 

Page. 

■Calico or strawberry bass, 152,154,176,186,198 

Carnivorous fish, planting of, in trout streams prohibited, 162 

Carp 153,155,156,179,188,194 

Cast net „ , 143 

Cat-fish, , 156,179,188,194,195 

Cat-fish, stone, bait fish, 152 

Certificate for the transportation of trout 159 

Certificate for propagating purposes 159 

■Certificate for fish sold 160 

Charr, or brook trout, 152,153,154,160,161,176,186 

Chutes and fishways, 157,158 

Classification of fish, ....152,154,176,186,198 

Close season, 153, 156, 178, 179,188,195 , 199 

Close season in Delaware River 178,179,188 

Coal oil prohibited, 162,181,190,199 

Commissioner of Ifisheries, appointment of, 149 

Commissioner of Fisheries, duties and powers of, 149,158,163,208 

Commitment to jail, see "penalty." 

Compensation to Fish Wardens, 170 

Compost, fish for, 200 

Concealment of fish, 169 

Confiscation of fish and appliances, 155,178,179,187,188,189,193,199,200,204 

-Constables, es-officio fish wardens, 14 

Constables, powers and duties of 14,15 

Contrivances, forbidden in fishing, 153,162,176,186,187, 198, 199,203 

Contamination of waters, 162,181,190,199 

Contrivances before Justice 146,167,181,190,194,196,205,209 

Convictions, summary 146,167,181,190,194,196,205,209 

Costs, county to pay in certain cases 146,147,194,205,210 

Court decisions, 235 

Crappie, grass, strawberry, or calico bass, 152,154,176,186,198 

€ut or dead bait 156 

D. 

Dams, 157 

Dams, gates or fishways in, 157,158 

Dead or cut bait, 156 

Decisions pertaining to fish 235 

Defiling waters prohibited 162,181,190,199 

Delaware River, general act relating to, 143 

Delaware River, above Trenton Falls, 184,185 

Delaware River, below Trenton Falls, 174,176 

Department of Fisheries 149 

Destruction of illegal fishing appliances, 166,171 

Dip nets, 143 , 154, 155, 177, 186 

Dipsey line in Delaware River 177,187 

Distances net can be used 155,178,187,200,201 

Distribution of fish, 163 

Domestic fowls, trespassing, may be killed after notice, 161 

Drift net 178,187 

Dutv of Commissioner of Fisheries, .149,158,163 

Duty of Fish Warden 166,168,169,210 

Duty of Fish Wardens, on Delaware River, ; 145,181,190i 

Duty of .Justices, , 146,167,181,190,194,196,205,209 

Dynamite, 162,181,189,199,200 



INDEX. - 229 

E. 

Page. 

Eels 153. 156.179, 188 

Eelpots 154, 155 , 179 , 188 

Eelpots in Delaware R'iver, 179,187,188 

Eggs 160 

Educational purposes, fish may be kept for, 163 

Electricity, fishing with 162,181,189,199,200 

Evidence to be heard by Justices 146,167,181,190,194,196,205,209 

Explosives or poisons, 162,181,189,199,200 

Explosives for engineering purposes may be used, 162 



Fall-fish, 152 

Fertilizer, fish for 200 

Fines, 143, 144, 145, 147. 151, 154, 156, 157. 15?, 160. 131, 162,164, 165, 166, 176, 177, 178, 179, 180, 
181,183,186,187,188,189,190,192,193,194,195,196,198,199,200,201,202,203,204,209 

Fines, disposition of, 146,167,182,191,196,204,205,209 

Fish ,pen season for food, .153,154.156,177,187 

Fish, bait, 145,152,176,186,198 

Fish basket not to be used, 144,157 

Fishway s not to be obstructed , 157 

Fish, classification of, 152,154,176,186,198 

Fish, free distribution of, provided for 163 

Fish fry, 163 

Fish, food 152,153,155,164,176,178,186,187,198,201 

Fish, game, . . . .' 152,154,176,186,198,199 

Fish, illegally taken must be returned to water, 145,154,156,201 

Fish, catching for special purposes 145,198 

Fish, food and game, may be sold during open season and for six days 

thereafter, 160,161 

Fish, length of 154,180,189,201 

Fish Commissioners, powers of, 150,168 

Fish. Wardens, duties and powers of, 166,169,181,210 

Fish Wardens, to enforce Fish, Game and Forestry laws, 90 

Fish, disposition of, and appliances used, when seized, 169,171,193 

Fish, time may be held in possession after close of season, 161,181,190 

Fish corporation may have special police, 147 

Fishing with nets above Trenton Falls, 187 

Fishing in State at large 143,144,152,153,164,198 

Fishing for scientific purposes permitted 163 

Fishing, certain methods prohibited, 153,162,176,181,186,187,189,198,199 

Fisheries Department, , 149 

Fisheries Commission , 149 

Fishing on Sunday prohibited, 144,153,178,188 

Fishing regulated in State ._ 153,154,155,156 

Fishing regulated in boundary waters, 178,188,197 

Fishways, 157,158, 208 

Fishways, no fishing withing four hundred feet of, 157 

Fishways, no fishing within one hundred feet of. with rod and lines, 157 

Food fish, 152, 153, 155, 164, 176, 178, 186, 187, 198. 201 

Food fish, license to take, 159,164,202 

Food fish, sale of, for compost prohibited, 200 

Food fish in Delaware River, 176,177,178,186,187,188 

Foreign-born unnaturalized residents prohibited from fishing 209 

Forfeiture of fish and fishing appliances, 143,155,171,178,179,187,188,189,193.199. 

202,204 

Frogs, open season for 151 

Fry, trout, preference to State, .- 160. 163 

Fyke nets 154,155,179,187,188 



230 INDEX 

G. 

Pa^e. 

Game fish, general Acts of Assembly, 152,154,176,186,198,199 

Game fish in Delaware River 178,186.188 

Game fi.'Jh, open season for 153,154,177,188,199 

Game fisb in inland waters 152 

Game fisli. manner of oatrlnng 153,176,186,198 

Game fish, snmmary of law 212 

Game fish, methods specitically mentioned 153,176,186,198 

Ga ff , 153 

Gas t!ir p oliibited 162,181,190,199 

Gig or spear 153,198 

Gill nets, , 144,177,178, ISO, 193, 201 

Green bass 152,154,176, 186, 198 

Guide, employment of 161 

Guide not to fish for employer, 161 

H. 

Hand line, 153.177,186, 202 

Haul seine 155,180,189,194 

Hearings ...146,166.167,182,191,194,196.205,209,210 

Herring 155,195 

Hook and line 145, 1,53, 176. 186, 198, 202 

Hoolis , 145, 153, 176, 186,198, 202 

I. 

Tee. fishing through 153 

Illegal contrivances prohibited, 145,153,162.176,186,187,198,202 

Illegal devices to be destroyed or sold, or forfeited, 143, 155, 171, 178, 179, 187. 188 

189,199,202,204 
Imprisonment imposed. See penalties. 
Interfering with officers .145,167,183.191 

J. 

Justice of the peace 146,167,181,190,194,196,205,209 

K. 
Killifishes 152. 176, 186, 198 



Lake Erie, or green bass 152 

Lakes, boundary, protection of fish in 193,197 

Landing net, may be u«ed 153 

Law, decisions of courts 235 

Laws relatinar to fish in the State at large 152 

Laws relating to fish in the Delaware Kiver 143,174,184 

Laws relating to fish in Lake Erie and boundary waters, 143,174,184,193,197 

Lawful manner of fishing in Delaware River, 176,177.186 

Length of fish taken, Delaware River. 180,189 

Length of fish taken, in internal waters 154 



INDEX. 231 

Patre. 

•Length of 6sh taken, boundary lakes, 201 

License lo fish for food fish 159,164.202 

License, right of State to impose 164,195,202 

License for fishing in Lake Erie, 202 

License fees, disposition of 164,195.204 

License tq be shown on demand 165,195,204 

Lime, use of, in fishing, prohibited 162,1S1,1S9.199 

Limitation of time in prosecutions .168,182.191,197,210 

M. 

"^lugistrate, duties of 146,167,181,190.194.196,205,209 

Measurement of fish 154,180.189,201 

Meshes, size of. in seines or nets 155,195,201 

Metallic tag on fyke nets, 155 

Methods of fishing permitted 153,176.177,186.198 

Minnows. i)ait fish, 152,176,186.198 

Migration of fish, obstructing. 157 

Misdemeanor 143 

Mullets 153.156.194.195 

Museallonge 152.154,198 

N. 

Names on nets 155 

Nets 144, 155. 164. 177,179, 186, 187, 188,193. 198 . 200, 202 

Nets forbidden in Delaware River 143,178.179.187 

Nets on Sundny : 144,178,188 

Nets to be destroyed 166.171 

Nitro g-ylcerine, use of prohibited 162,181,189,199.200 

Notice, trespass, 23,25,161,164 

N'umbei- of trout in one day 154 

Number of bass, etc 154 

Number of bass in one day. Lake Erie 199 

Nursery streams 164 

0. 

Obstructing flshway 157 

Obstructing migra ion of fish. 157 

Office of the Fish Commission, 150 

Office of the •^'ommissioner of Fisheries, ; 150 

Officers refusing or neglecting to do duty, 167 

Officers, resisting o- inte-fering with 145,167,183.191 

Open season for fish .- 153.156.178,187,188,195.199 

Organizations, suggestions for 333 

Outlines 156 

Ownership and control of streams 164 



Paraphernalia, seizure of 143,1.55,171,178,179,187.188.189,199,202.204 

Penalties for violation of fish laws. 143.144,145,147,151.1.54,156,1.57.158.160.161, 
162,164,165,166,176,177,178,179,180,181,183,186,187,188,189,190,192,193.194,195.196,198, 

199,200,201,202.203.204.209 
Perch 152, 1.54, 176, 186 



232 INDEX. 

Pickerel 152,153,154,176,186,198 

Pike, Mue, 152,154 

Pike, grass, 152,154,176,186, 198 

Pike, perch, 152, 154,176,186,198 

Pike, wall-eyed, or Susqushanna salmon 152,154,176,186 

Pike, western, 152,154,198 

Planting fish 163 

Poison, fish with, forbidden, 162,181,189,199,20,0 

Poison and acids from tanyards to be kept out of streams 162,181,190,199 

Poisonous substances in streams prohibited 162,181,189,199,200 

Police, special, 147 

Police, powers and duties of, 148 

Pollution of waters prohibited, 162,181,190,199 

Possession of fish, prima facie evidence, 167,200 

Pound net 201 

Power of Commissioner of Fisheries 149,158,163,208 

Powers of fish wardens 166,169,181,210 

Preference of State in distributing fry, 163 

Prima facie evidence, 167,200 

Private streams, 151 

Proceedings on ar-est made 146,167,181,190,194,196,205,209 

Property seized, disposition of fish 169,171,193 

Propagating streams may be set aside and closed, 166 

Propagation of fish, artificial, by individuals, 159 

Public fishing, waters open to, 163 

Purchase or sale of certain fish prohibited, 160 

Q. 

Quick lime, use of in fishing prohibited, 162,181,189,199,200 

R. 

Recognizance, 168,182,191, 210 

Record costs, liability for 146,147,194,205,210 

Refuse from gas houses, etc.. not to enter streams, 162,181,190,199 

Removal of fish fom licensed device by third person prohibited, 165,203 

Report of Commissioner of Fisheries, 170 

Resisting arrest 145,167,183,191 

Rock bass 144,145,152,154,176,186,198 

Rock fish, or striped bass ...152,154,176,186,198 

Rock fish, open season for 154,177,188,199 

Rod and line, 145,153,176,186,198,202 



Sale of seized appliances, 171 

Sale of certain fish prohibited, 160,181,190 

Sale of certain ^sh permitted, 161,181,190 

Sale of Susquehanna salmon, or wall-eyed pike 159 

Saturday night, fishing with seines unlawful, 144,178,188 

Sawdust, in streams prohibited, 162,181,190,199 

Scientific purpose, 145,163 

Screens to prevent destruction of fish, 158 

Search for fish, by officer without warrant, 169 

Search warrant, 169 



INDEX. 233 

Page. 

Seasons for srame fish 153,154.177.188,199 

Seasons for game fish, open, 153,156.178,187,188,195,199 

Seasons for game fish, close 153,1:6,178,179.188,195,199 

Second offense, 144 

Seines, 155,177,187,189 

Seines, in Delaware Kiver not to be broken, 180,189 

Seizure, right of, 155,178,179,187,188.189,193,199,200,204 

Shad 143,155,195 

Size and number of fish legally taken, 153, 154 

Size and number of fish legally taken in Delaware Eirer 180,189 

Snoods, number to be used at one time 156 

Spawn, 202 

Spear, or gig 153,198 

Special officers for corporations raising fish, 147 

Special ofiicers. powers of 148,170 

Special fish wardens to enforce Game and Forestry laws, 90 

Special wardens not entitled to salary, 170 

Speckled trout, open season for, 153,154 

Speckled trout, wild, not be bought or sold, 160 

Speckled trout, wild, not to be caught for wages or hire 161 

Speckled trout, wild, size and nuraber to be taken, 154 

Speckled trout, propagated in captivity, may be sold in certain cases, 161 

Spoon hook. 176,186,198,202 

Statistics of fish shall be furnished, 171 

Stocked waters to be free, 163 

Stocking of waters with fish, 163 

Streams for propagation may be set aside and closed, 164 

Streams on State lands, preference for, in distributing fry. 163 

States of Pennsylvania and New Jersey to have concurrent jurisdiction 

over Delaware Pdver , 181, 190 

Striped bass or rock fish, 152,154.176,186,198 

Sturgeon, 154,177,187,201 

Sturgeon, open season for, '. 154,177,187,201 

Suckers n3, 156, 179, 188, 194 

Suits, costs of. where chargeable 146,147,194,205,210 

Summary conviction 146,167,181,190,194,196,205,209 

Summary of fish laws, 212 

Sunday, no fishing on 153 

Sunday, arrests may be made on, 166,194,196,205,210 

Sundav fishing on Delaware Elver 178,188 

Susquehanna salmon 144,145,152,153,154,176,186 

T. 

Table of size, seasons, etc., of game fish 224 

Tag to fyke nets and outlines, 155,156 

Terrapin 151 

Terms of Fish Commissioners, 149 

Threatening officers, 145, 167. 183,191 

Three hooks 153,176,186,198,202 

Time limit of actions 168,182,191.197,210 

Time fish may be held after close of season 161,181,190 

Tip-ups, 153 

Torpedo, use of prohibited, in fishing, 162,181,189,199,200 

Transportation of fish permitted, 159 

Trenton Falls, fishing above 184 

Trenton Falls, below 174 

Trespassing on waters operated by Fish Commissioners, 161 



234 INDEX. 

Page. 

Trial 167,182,191, 194, 196, 205, 20» 

TroUinj? line : 176.186,198,202 

Trout, brook or speckled, 152, 153, 160, 161, 176, ISe 

Trout fry, preference, 160,163 

Trout, oiieu season for, 153^ 

Trout, number that may be taken 154 

T out stream 15fr 

Trout streams, how defined, 168 

Trout, lake 153, 201 



Unlawful to procure fish for private purposes, 164 

Unlawful taking of fish, 153, 178, 198, 202, 203, 20& 

Unnaturalized foreign born residents prohibited from fishing, 209 



Vats, contents of, ..162,181,190,199- 

Vitrol, 162,181,190,199- 

W. 

Wall-eved pike, or Susquehanna salmon, 144,145,152,154,176,186 

Walls," wing 144,155 

Wardens, Qsh, duties and powers of, ...166,169.181,210 

AYardens, fi^h, to enforce Game and Forestry laws 90 

Wardens, fish, compensation of 170 

Wardens, special, 170 

Wardens, special to enforce Game and Forestry laws, 90 

Warrants of arrest and search 167,194,196,205,209 

Warrants for trespass on hatchery waters 161 

Waters for publie fishing 163 

Waters in which fishing may be prohibited, 164,166 

Waters on State lands, preference of, in dustributing fry, 163- 

Waters, boundary, 143,174,184,193,197 

Water-wheels -uast be screened for protection of fish, 158- 

Wild birds may be killed 162 

Wing walls 144,155 

Y. 

Yellow bass 152. 154, 176, 186; 

Yellow perch 152,154.176,186 



GAME, FISH AND FORESTRY LAWS. 235 



LEADING DECISIONS PERTAINING TO GAME 
AND FISH. 



OWNERSHIP AND CONTROL. 

1. In the clnssification of property, there are some things, 
which from their nature are incapable of absolute ownership, 
and among these are light and air, and game and fish. 

2. Bouvier 781. 

2. It is probable that the right to take game and fish was a 
natural ri^■ht, wholly unrestrained originally by law. 

As the population of the earth increased, it apparently be- 
came npcossary for the purpose of insuring the perpetuity of 
these things, to abridge or restrict by law this natural right. 
At what period or by what process this change was brought 
about does not seem perfectly clear, although the fact remains 
that this change was wrought, and that in all civilized nations 
of the world to-day the taking of game and fish is considered 
a boon or privilege and not an inherent right. In America 
game and fish are considered to belong to the State, not as a 
proprietor, but in its sovereign capacity, as the representative 
and for the benefit of all the pt»ople. 

Ex parte Maier, 37 Pac. 402. 

Phelps V. Racey, 60 N. Y. 10. 

3. The right to hunt game is but a privilege given by the 
legislature, and is not an inherent right in the residents of 
the State. 

Corath. V. Papsone, 44 P. Superior Ct. 129. Supreme Ct. 
231, p. 45. 232 U.. S. 138. 

4. "Wild game of a State belongs to the people, in their col- 
lective sovereign capacity, and is not the subject of private 
ownership, except in so far as the people may elect to make 
it so, and they may if they see fit, absolutely prohibit the 
killing of it, or traffic or commerce in it. That its taking, pos- 
session and the disposition thereof is the subject of legislative 
enactment." 

Geer v. Connecticut, 161 U. S. 519. 
Martin v. Waddel, 16, Pet. 410. 
Elk parte Maier, 103 Cal. Pa. 476; 37 Pac. 402. 
Comth. V. Papsone, 44 Pa. Superior Ct. 129. Supreme Ct. 
231. p. 45. 232 U. S. 138. 



236 GAME, FISH AND FORESTRY LAWS. 

5. "Game in preserves and fish in private waters are still under 
the control of the Legislature." 

People V. Doxtater, 75 Hun. 472. 

6. "Wild game caught or killed contrary to law, remains the 
property of the State." 

Thomas v. N. P. Express Co., 73 Minn. 185. 

7. "The right of a state is maintained, to adopt any reason- 
able regulation, not only as to the time and manner of taking 
game, but also imposing limitations, upon the right of prop- 
erty in such game after it has been taken, because he who 
takes or kills game, has no absolute property in such game and 
takes its subject to all the provisions of the law authorizing its 
taking." 

Geer v. Connecticut, 161 U. S. 519, and many citations. 
Ward v. Race Horse, 163 U. S. 504. 

8. "And the fact that game has been killed does not change 
the relation of the law making power to it, but it is still sub- 
ject to control." 

Merritt v. People, 169 111. 218. 

9. "The measures best adapted to the preservation and pro- 
tection of game are for the Legislture to determine, and courts 
cannot review its discretion." 

Phelps V. Racey, 60 N. Y. 10. 

POLICE POWER. 

10. "The right to preserve game flows from the undoubted ex- 
istence of a police power to that end, which may be none the less 
efficiently called into play because by so doing Interstate Com- 
merce may be remotely or indirectly affected." 

Geer v. Connecticut, 161 U. S. 519. 
Hall V. DeCuir, 95 U. S. 485. 
■Sherlock v. Ailing, 93 U. S. 99-103. 
People V. Silz; 219 U. S. 31. 

11. "Laws and ordinances relating to the comfort, health, con- 
venience, good order and general welfare of the inhabitants are 
comprehensively styled 'police laws and regulations.' It is well 
settled that laws and regulations of this character, though they 
may disturb the enjoyment of individual right are not unconsti- 
tutional, although no provision is made for compensation for such 
disturbance. They do not appropriate private property for public 
use, but simply regulate its use and enjoyment by the owner, etc." 

Dillon on Municipal Corporations, Sec. 141. 



GAME, FISH AND FORESTRY LAWS. 237 

12. As stated in Barvier v. Connoly, 113 U. S. 27. "Neither 
the amendment (XIV) broad and comprehensive as it is, — nor 
any other amendment was designated to interfere with the power 
of the State, sometimes termed its police power, to prescribe 
regulations to promote the health, peace, morals education or good 
order of the people," we are within the province of the Constitution 
when we regulate the manufacture and sale of food stuffs. Com. 
V. McCann, 14 Pa. Superior Ct. 221; The number of hours the 
adult female should labor. Com. v. Beatty, 15 Pa. Superior Ct. 5; 
and in prohibiting women and children from working in coal mines. 
Act May 15th, 1893, P. L. 7o; in prescribing the qualifications of 
physicians and undertakers. Com. v. Hanley, 15 Pa. Superior Ct. 
271; when musical bands may play in the public streets, Wilkes- 
Barre v. Garabed, 11 Pa. Superior Ct. 355; when we authorize the 
killing of dogs following the track of protected game. Com. v. 
Federick, 27 Pa. Superior Ct. 228, and in denying the right to 
aliens to obtain license to sell intoxicating liquors, Trangresser 
V. Gray, 73, Md 250; 9, L. R. A. 780. 

Com. V. Papsone, 44 Pa. Superior Ct. 129; 231 Pa. Supreme 
Ct. 45. 

13. "Indeed the police power as to game birds, flows from the 
duty of the State to preserve for its people a valuable food supply." 

Phelps V. Racey, 60 N. Y. 10. 
Ex parte Maier, 103 Cal. 467, 37 Pac. 402. 
Magner v. People, 97 111. 320. 
McCready v. Virginia, 94 U. S. 395. 
Smith V. Maryland, 18 How 71. 

Comth. V. McComb, 39 Pa. Superior Ct. 411. 227 Pa. Su- 
preme Ct. 377. 

14. "The power of a State to protect by adequate police regula- 
tion, the people against the adulteration of articles of food, al- 
though in so doing commerce may be remotely affected, necessarily 
carries with it, the existence of a like power to preserve a food 
supply, which belongs in common to all the people of the State, 
which can only become the subject of ownership in a qualified way 
which can never be the subject • of commerce, except with the 
consent of the State, and subject to the conditions, which it may 
deem best to impose for the public good." 

Lawton v. Steele, 152 U. S. 133. 

People V. West, 106 N. Y. 293. 

People V. O'Neil, 110 Mich, 324. 

L'Hote V. New Orleans, 177 U. S. 597. 

Comth. V. Thos. W. McComb, 39 Pa. Superior Ct. 411, 227 

Pa. Supreme Ct. 377. 
Comth. V. Papsone, 44 Pa. Superior Ct. 129. Pa. Supreme Ct. 

231. p. 45. 232 U. S. 138. 



238 GAME, FISH AND FORESTRY LAWS. 

15. "Aside from the authority of the State derived from the 
common ownership of game, and the trust for the benfit of 
its people, which the State exercises in relation thereto, there is 
another view of the power of the State in regard to the property 
in game, which is equally conductive. The right to preserve game 
flows from the undisputed existence in the State of a police power 
to thnt end, which may be none the less efficiently called into play 
because by so doing inter-state commerce may be remotely and 
indirectly affected." 

Kidd V. Pearson, 128 U. S. 1. 
H.I 11 V. DeCuir, 95 U S. 485. 
Sherlock v. Ailing, 93 U. S. page 99-103. 
Gibbons v. Ogden, 9 Wheaton 1. 

16. Indeed the source of the police power as to game birds 
(like those covered by the statute here called in question) flows 
from the duty of the State to preserve for its people a valuable 
food supply. 

Phelps V. Racey, 60 N. Y. 10. 
Ex parte Maier, ubi sup. 

Wagner v. The People, ubi sup, and the cases there cited. 
Comth. V. McComb, 39 Pa. Superior Ct. 411, 227 Pa. Su- 
preme Ct. 377. 

17. The exercise by the State of such power, therefore, comes 
directly within the principle of Plumley v. Massachusetts, 155 
U. S. 461 and 473. 

18. The power of the State to protect by adequate police regu- 
lation its people against the adulteration of articles of food (which 
in this was maintained) although in so doing commerce might be 
remotely affected, necessarily carries with it the exercise of a like 
power to preserve a food supply, which belongs in common to all 
people of the State, which cnn only become the subject of owner- 
ship in a qualified way, and which can never be the object of com- 
merce, except with the consent of the State, and subject to the 
conditions which it may deem best to impose for the public good." 

The people of New York v. August Silz, 219 U. S. 31. 
Comth. V. Thos. W. McComb, 39 Pa. Superior Ct. 411, 227 
Pa. Supreme Ct. 377. 

19. "In order to protect local game during the close season it 
has been found expedient to make possession, of all such game, 
during that time, whether taken within, or without the State, 
a misdemeanor. In other states of the Union such laws have been 
deemed essential, and have been sustained by the courts." 



GAME, FISH AND FORESTRY LAWS. 239 

Roth V. State, 51 Ohio 209. 
Am. St. Rep. 566, 37 N. E. 259. 
Stevens v. State, 89 Md. 669. 
43 Atl. 929. 
Magner v. People, 97 111. 320. 

20. "It ha.s been provided that the posse.ssion of certain kinds 
of game during the close season shall be prohibited, owing to the 
possibility that dealers in game may sell birds of the domestic kind, 
tinder the claim, that they were taken in another state or country. 
The object of such laws is not to affect the legality of the taking 
of game in other states, but to protect the local game, in the in- 
terest of the food supply of the people of the State. We cannot 
say that such purpose, frequently recognized and acted upon, is an 
abuse of the police power of the State and as such, to be declared 
void because contrary to the Fourteenth Amendment to the Con- 
stitution." 

"That a state may not pass laws directly regulating foreign or 
inter-state commerce has frequently been held in the decision of 
this court: but, while this is true, it has also been held in repeated 
instances, that laws passed by the states in the exertion of their 
police power, not in conflict with the laws of Congress upon the 
same subject, and indirectly or remotely affecting inter-state com- 
merce are nevertheless valid law. 

Mo. K. & T. R. Co. V. Haber, 191 U. S. 477. 

Ashell V. Kansas, 209 U. S. 251. 
"And it may be said generally that the legislation of a state not 
directly against commerce or any of its regulations, but relating 
to the rishts, duties and liabilities of citizens, and only indirectly 
and remotely affecting the operations of commerce is of obligatory 
force upon citizens within its territorial jurisdiction, whether on 
land or water, or engaged in commerce, foreign or inter-state or 
in anv other pursuit." 

Reported in case of People v. Silz, 219, U. S. 31. 

21. "The extent and limitation of what is known as the police 
power, has been a fruitful subject of discussion in the appelate 
courts of nearly every state of the Union. It is universally con- 
ceded to include everything essential to the public safety, health 
and morals and to justify the destruction or abatement by summary 
proceedings of whatever may be regarded as a public nuisance, 
and wherever the public interest demands it a large discretion is 
necessarily vested in the legislature to determine not only what 
the interests and the public require, but what measures are neces- 
sary for the protection of such interests." 



240 GAME, FISH AND FORESTRY LAWS. 

Barbire v. Connelly, 113 U. S. 27. 

Comth. V. McComb, 39, Pa. Superior Ct. 411, 227 Pa. Su- 
preme Ct. 377. 

Comth. V. Fapsone, 44 P. Superior Ct. 129. Sustanied by 
Supreme Ct. 231, p. 45. 232 U. S. 138. 

22. "The test as to whether the police power is validity ex- 
ercised, is, whether the enactment has relation to the public 
welfare, as it has been deemed of sufBcient importance to justify 
the Legislature of practically all the states to enact laws for the 
protection and preservation of game, and we have seen no case 
which challenges this as a legislative right, clearly within the 
exercise of the police power." 

23. "The duty of preserving the fish and game of a state from 
extinction or prohibiting exhaustive methods of taking it, or the 
use of destructive instruments as are likely to result in the ex- 
termination of the young as well as the mature, is clear as its 
power to secure to its citizens, as far as possible, a supply of other 
wholesome food . " 

Lawton v. Steele, 152 U. S. 133. 

Comth. V. McComb, 39 Pa. Superior Ct. 411. 227 Pa. Su- 
preme Ct. 377. 

24. "Laws enacted for the purpose of regulating the time and 
appliances for catching fish, are a proper exercise of the police 
power of a state; and, although they may, under certain circum- 
stances, prevent a man from fishing in a stream running through 
his own land, they do not necessarily amount to taking private 
property for public use without compensation. 

Comth. V. Bender, 7 Pa. C. C. 620. 

Comth. V. McComb, 39 Pa. Superior Ct. 411. 277 Pa. Su- 
preme Ct. 377. 

25. "The weight of authority seems to favor the validity of 
laws prohibiting the possession of game during the closed season." 

Ex parte Maier, 103 Cal. 476. 
Merritt v. People, 169 111. 218. 
State V. Farrell, 23 Mo. App. 176. 
Phelps V. Racey, 60 N. Y. 10. 
Roth V. State, 51 Ohio, 209. 
Jarvis v, U. S. 11 App. D. C. 345. 

26. "The effect of these decisions is, that such possession is 
unlawful even though applied to game lawfully captured within 
the State during the open season, and to game lawfully captured 
outside of the State and lawfully brought within the State (pro- 
vided the law of the State prohibits the possession of such game) 



GA^IE, FISH AND FORESTRY LAWS. 241 

on the theory that such laws are necessary for the protection of 
game, or as suggested by the late Chief Justice Coleridge, that 
the object is to prevent British wild fowl from being improperly 
killed and sold, under pretense of being imported from abroad." 

Whitehead v. Smithers, 2 C. P. D. 553. 

People V. Silz, 209 U. S. 31. 



DUE PROCESS OF LAW. 

27. "No person shall be deprived of his life, liberty or property 
without due process of law." 

Constitution of the United States, 5th and 14th amendments. 

28. "This clause of the Constitution only applies to such rights 
as are in their nature fundamental, which belong of right to citi- 
zens of all free governments." 

Carfield v. Gary ell, 4 Wash. D. C, 380. 
Scott V. Sanford, 60 U. S. 393. 

29. "It is true that under the fourteenth amendment, no State 
can deprive a person of life, liberty or property, without due 
process of law. But in determining what is due process of law, 
we are bound to consider the nature of the property, the necessity 
for the sacrifice and the extent to which is has heretofore been 
regarded as within police power. So far as property is inoffensive 
or harmless, it can only be destroyed by legal proceedings with 
due notice to the owner ; but so far as it is dangerous to the safety 
or health of the community, due process of law may authorize its 
summary destruction." 

Sentell v. R. R., 106 U. S. 698. 

Lawton v. Steele, 152 U. S. 133. 

Smith V. Maryland, 59 U. S. 71. 

Fertilizing Co. v. Hyde Park, 97 U. S. 659. 

Comth. v. McComb, 39 Pa. Superior Ct. 411. 227 Pa. Supreme 

Ct. 377. 
Comth. v. Papsone, 44 Pa. Superior Ct. 129. Supreme Ct. 

231, p. 45. 232 U. S. 138. 

30. "The emergency may be such as not to admit of the de- 
lay essential to judicial inquiry and consideration, or the sub- 
ject of such action and process may be of such a nature, or the 
conditions and circumstances in which the act must be per- 
formed to effect the protection and give effect to the law, may 
be such as to render judicial consideration impracticable." 

Jenkins v. Ballentine, 8 Utah 245; 30 Pac. 760. 



16 



242 GAME, FISH AND FORESTRY LAWS. 

31. "In a case involving the validity of a statute of the State 
of New York, authorizing the summary destruction of nets, used 
in illegal fishing, it was held, 'that the police power is universally 
conceded to include everything essential to the public safety, 
health, and morals, and to justify the destruction or abatement 
by summary proceedings of whatever may be regarded as a public 
muisance.' " 

Smith V. Maryland, 18 How 71. 

McCready v. Virginia, 4 Otto. 391. 

Lawton v. Steele, 1.52 U. S. 133. 

People V. West, 106 N. Y. 293. 

People V. O'Neil, 110 Mich. 324. 

L'Hote V. New Orleans, 177 U. S. 597. 

Holyoke Water Co. v. Lyman, 15 Wall 500, 
The courts of Pennsylvania have ruled in the same way upon 
the subject. 

Oomth. V. Thos. W. McComb, 39 Pa, Superior Ct. 411, 227 
Pa. Supreme Ct. 377. 

Oomth. V. Joseph Papsone, 44 Pa. Superior Ct. 129. Su- 
preme Ct. 231, p. 45. 232 U. S, 138. 

CONSTITUTIONALITY. 

32. "It is but a decent respect due to the wisdom, integrity 
und patriotism of the legislative body, by which any law is 
passed to presume in favor of its validity, until its violation 
of the Constitution is proven beyond all reasonable doubt. A 
reasonable doubt must be solved in favor of the legislative action 
and the act be sustained," 

"The preservation of game and fish has always been treated 
as within the proper domain of the police power and laws, limiting 
the season when birds and wild animals may be killed, and had 
for sale, and prescribing the manner in which they may be taken, 
^ave been repeatedly upheld by the courts. The duty of preserving 
the fish and game of a State from extinction, by prohibiting ex- 
liaustive methods of taking it, or the use of destructive instru- 
ments as are likely to result in the extermination of the young as 
well as the mature, is as clear as its power to secure to its citizens, 
as far as possible a supply of any other wholesome food." 

"It is within the province of the Legislature to prescribe the 
methods or instruments that may be used in taking game or fish 
and it is not unconstitutional for the Legislature of a state to for- 
bid the use of a specially made gun such as the automatic * * * *Nor 
are the courts concerned about a technical though trifling inter- 
ference with the pleasure of a hunter, or the property interest 
ol a gun maker in deciding a question of public interest and wei- 



GAME, FISH AND FORESTRY LAWS. 243 

fare, * * * * Where the interest of the private manufacture 
and the public will come in conflict from the legislative standpoint, 
the people at large are to have preference." 

"The act of June 10, 1881, forbids the sale to any person 
under the age of sixteen years, of a pistol, revolver, etc. The 
act of March 31st, 1860, provides for the confiscation of gambling 
apparatus. Even the length of time a female laborer shall be sub- 
jected to the exhaustion of physical labor is within legislative con- 
trol * * * * The object of this act is not to favor the makers 
of one sort of a gun at the expense of those of other kinds, but 
its sole object is to protect game, and the methods adopted for 
its destruction, whether guns, traps, or devices are proper sub- 
jects for legislative consideration." 

Comth. V. Thos. W. McComb, 39 Pa. Superior Ct. 411, 227 
Pa. Supreme Ct. 377. 



LEGAL STATUS OF DOGS. 

33. "Dogs have been considered under the law as belonging 
to a class, as it were between animals ferae natura, in which until 
killed or subdued, there is no property, and domestic animals, in 
which the right of property is perfect. They are not considered 
as being upon the same plane as horses, cattle and sheep, and 
other domestic animals, but rather in the catagory of cats, monk- 
eys, parrots and similar animals kept for pleasure, etc. Acting 
then upon the principle that there is but a qualified property in 
them and that while private interests require that the valuable one 
shall be protected, public interests demand that the worthless shall 
be exterminated and they have from time immemorial been con- 
sidered as holding their lives at the will of the Legislature, and 
properly falling within the police power of the several states. 
Laws for the protection of domestic animals are regarded as having 
but a limited application to dogs or cats." 

Santell v. R. R., 16 U. S. 698. 

34. "The court held that even if they were to be regarded as 
property in the fullest sense of the word, they would still be 
subject to the police power and might be destroyed or otherwise 
dealt v/ith, as in the judgment of the Legislature appeared neces- 
sary for the protection of its citizens ; that it was purely within 
the discretion of the Legislature to say how far dogs shall be rec- 
ognized as property and under what restrictions they shall be per- 
mitted to roam the streets." 



244 GAME, FISH AND FORESTRY LAWS. 

COMMERCE IN GAME. 

35. The Legislature may authorize the killing of dogs following 
upon the track of protected game . 

Comth. V. Frederick, 27 Pa. Superior Ct. 228. 

36. "It was also held that a State might absolutely prohibit the 
manufacture v/ithin its limits of liquors and could prohibit the 
sale therein of liquors so m--nufactured." 

Mugler V. Kansas, 123 U. S. 623. 
Kidd V. Pearson, 128 U. S. 1. 

37. "But that liquor being a well recognized article of com- 
merce and property, in the ordinary sense, its importation from 
another State and its sale, in the original packages could not be 
prohibited." 

Bowman v. R. R., 125 U. S. 465. 
Leisey v. Hardin, 135 U. S. 100. 

38. "A State can forbid any traffic or commerce in game." 
Geer v. Connecticut, 161 U. S. 519. 

Ex parte Maier, 103 Cal. 476. 
People V. Silz, 219 U. S. 31. 
State V. Weber, 102 S. W. 955. 
Dietreich v. Fargo, 104 N. Y. S. 334. 



STATUS OF IMPORTED GAME. 

People V. Weinstock, 102 N. Y. S. 349. 
People V. Stillman, 102 N. Y. S. 351. 
People V. Waldorf-Astoria, 103 N. Y. S. 434. 
Silz V. Hasterburg, 219 U. S. 31. 

STATUS OF WILD BIRDS OTHER THAN GAME BIRDS. 

39. In 1907, N. I. Schwartz, of New Orleans, was fined for 
offering 75 aigretts for sale contrary to the statute of Louis- 
iana forbidding the possession or sale of imported as well as native 
birds . 

State V. Schwartz, 44 La. 20. 

40. In 1907 an employe of Gimble Bros., Philadelphia, was con- 
victed before an alderman of that city for attempting to sell and 
having in possession, certain red birds or cardinals, that had 
according to the evidence been brought into the State from other 



GAME, FISH AND FORESTRY LAWS. 245 

states. On appeal to the Court of Quarter Sessions tMs con- 
viction was sustained and defendant was fined. 

Comth. V. Crumley, 16 A. R. 334, 8 Lack. J 128. 



RIGHT OF A STATE TO IMPOSE A LICENSE FOR HUNT- 
ING BY NON-RESIDENTS. 

41. "A State may lawfully impose a license for the privilege 
of hunting upon citizens of other States, which is not imposed 
on its own citizens." 

In re Eberle, 98 Fed. 295. 

42. "A State can prohibit the use of oyster beds in the waters 
of the State by citizens of other States. That as fish are common 
property of all the people of the State, a citizen of another State 
is not invested by the Constitution with any right therein." 

McCready v. Virginia, 94 U. S. 391. 
Hanev v. Compton, 36 N. J. L. 507. 
State V. Corson, 50 Atl. 780. 

43. "On the 24th day of October, 1904, the Supreme Court 
of Illinois rendered a decision in the case of Cummings v. People, 
upholding the constitutionality of the license law, and quoting with 
approval the dicision of the supreme Court of New Jersey in the 
case of Allen v. Wyckoff and the United States Circuit Court of 
the Northern District of Illinois in the case of in re Eberle." 

Allen V. WyckofE, 48 N. J. R. 90; 2 Atl. 659. 

44. "In the case of Commonwealth v. Cannon, in the court 
of common pleas of Cumberland county. No. 115 Feb. T. 1905. No. 
30 County Court Reports, p. 637. 

In overruling the objection filed the learned court said: 'It has 
been however repeatedly held that statutes which are directed 
against non-residents, but no against citizens of other States, are 
constitutional and valid.'" 

Rothermel v. Meyerle, 136 Pa. 251. 

State V. Medburv, 3 R. I. 138. 

Chambers v. Church, 14 R. I. .398. 

Sears v. Warren Co., 36 Ind. 267. 

People V. Lawndes, 130 N. Y. 455. 
A stockholder of shooting club corporation, is not an owner 
of clubs real estate. A stockholder in a corporation owning a 
tract of land used as a game preserve is not an "owner" of the 
land within the meaning of the provision of the law, permitting 
owners of farm lands to hunt game on their lands without pro- 
curing a resident license 



246 GAME, FISH AND FORESTRY LAWS. 

The title to wild game is in the State, irrespective of the owner- 
ship of the land on which it may be found ; and the State may 
prohibit or regulate the killing of game, and may impose greater 
restrictions upon non-residents than upon residents. 

The proviso to section 32 of the Game law of 1903 which provides 
that nothing in the Act shall apply to persons hunting on land of 
another person by invitation of the land owner is invalid, being 
so repugnant to the body of the Act, that to uphold its validity 
would be destructive to the Act itself. 

The proviso to Section 25, was intended to permit owners of 
farm lands, residing in this State, and their children or tenants 
to hunt game upon those lands, within the other limitations of 
the Game law, without procuring a resident license, and was not 
intended to extend that privilege to non-residents. 

Cummings v: The People, 111. Reports, Vol 211, p. 393. 

ALIENS. 

45. "It is a legal and political axiom that protection and alle- 
giance are reciprocal. Aliens resident or sojourning here, do not 
owe the full measure of allegiance exacted from the citizens, nor 
can they enjoy all the rights, privileges and immunities of citizen- 
ship." 

Luke v. Calhourn Co., 52 Ala. 115, 121. 
Cyc. of Law and Procedure, Vol. 2, page 88, Note 23. 
The court in the case of Com. v Joseph Papsone, among other 
things says: 

46. "Nor does the provisions of the fourteenth amendment which 
declares, 'No State shall make or enforce any law which shall 
abridge tb*^ [)i'ivil<'g''s nv inuuMniti<>s of citizens of the United 
States,* affect this defendant in any way, as he iS not a citizen. 

An alien while domiciled with us, is entitled to the production 
of the laws and owes in return for this protection a temporary and 
local allegiance which continues during the perit)d of his residence; 
2 Am. & Eng. Enc. of Law 64. We legislate primarily for our 
own citizens in granting the special privileges that are independent 
of our inherent rights. The alien is prohibited from doing many 
things to which a native born or a naturalized citizen is entitled. 
He cannot exercise any political rights whatever, nor be compelled 
to fill any elective or appointive office. He is not qualified to serve 
as a juror; or to receive a license to sell liquor, hawk or peddle. 
A non-resident is not entitled to the benefit of our $300.00 exemption 
law. Each State has its own exemption laws for the benefit of its 
own citizens. 

The privilege to hunt game has been limited to our own citizens, 
and as was said in Presser v. Illinois, 116 U. S. 252; 'If the plain- 
tifiE in error has any such privilege he must be able to point to 



GAJ^IE, FISH AND FORESTRY LAWS. 247 

the provision of the constitution or statute of the United States by 
which it is conferred. For as was said by this Court in U. S. v. 
Cruikshank, 92 U. S. 542, the government of the United States al- 
though it is within the scope of its powers, supreme and beyond the 
States, can neither grant nor secure to its citizens rights or pviY- 
ileges which are not expressly or by implication placed under it^ 
jurisdiction. All that cannot be so granted or so secured are iefr 
to the exclusive protection of the State." 

"Whatever one may claim as a right, under the ConstiCB- 
tion and laws of the United States by virtue of his citizenship, iw 
a privilege of a citizen of the United States. Whatever the Cod- 
stitution and laws of the United States entitles him to exemptioK 
from, he may claim as an exemption in respect to, and suck ■% 
right or privilege is abridged whenever the State law interferes with 
any legitimate operation of Federal authority which concerns M» 
interests, whether it be an authority actively, exerted, or restinr 
only in the express or implied command or assurance of the Federal 
Constitution or law. But the United States can neither grant nor 
secure to its citizens, rights or privileges, which are not expressly, 
or by reasonable implication, placed under its jurisdiction, and aii 
not so placed are left to the exclusive protection of the States." 

This defendant is not a citizen of the United States, nor of 
this Commonwealth. While he is within our jurisdiction he is 
entitled to the equ3.1 protection of the laws, subject to the limitai- 
tions of the class of which he is a member. 

Com. V. Joseph Papsone. 44 Pa. Superior Ct. 129. Pa. Su- 
preme Ct. 231, p. 45. 232 U. S. 138. 

47. "Citizens of other States have no property right which eB~ 
titles them to fish against the will of the State, afortiori, the alien 
from whatever country he may come, has none whatever in the 
waters, or the fisheries of the State. Like other privileges b® 
enjoys as an alien, by permission of the State, he can only enjoy 
as much as the State vouchsafes to yield to him as a special priv- 
ilege. To him it is not a property right, but is in the strictest 
sense a privilege or favor." 

Rothermel v. Meyerle, 136 Pa. 251. 

State V. Meddery. 3 R. I. 138. 

Chambers v. Church, 14 R. I. 398. 

Sears v. Warren Co., 30 Ind. 267. 

In re Ah Chong, 2 Fed. Rep. 736. 
The possession of a shotgun or rifle by an alien, operating * 
shooting gallery is a violation of the Act of May §th, 1909. 

Comth. V. Charles Maloof, 49, Pa. Superior Ct. 581. 
A conviction may be had under the provisions of the Act of 
April 14th 1903, requiring non-residents to secure a license before 
hunting in this Commonwealth, without showing that the de- 



248 <;AME, fish and FORESTRY LAWS. 

fendant had not taken out a license in any other county of the 
State. 

Comth. V. Cannon, No. 30 County Court R. 637. 



RESIDENT HUNTERS' LICENSE. 

A land owners right to take fish, or game, on his own land, 
which inheres in him by reason of his ownership of the soil, is 
a property right, subject to the States ownership and title, held 
to regulate and preserve game. 

State V. Mallory, 83 S. W. 955, Arkansas. 
An Act providing that no person shall at any time hunt with a 
gun, any of the wild animals or birds, that are protected during 
any part of the year, without having procured a license, etc., is 
Constitutional and a reasonable exrcise of the police power for 
the protection of game. 

The power of the Legislature to enact Statutes, is plenary, ex- 
cept in so far as that power has been limited by the Constitution, 
and every presumption is in favor of the Legislative enactments. 
They will be declared unconstitutional and void when they are 
clearlv violative some express Constitutional limitation. 

Kvle V. People, 80 N. E. 1081, Illinois. 

State V. Holcomb, 101. Pac. 1072, Kansas. 

Cummings v. People, 211, 111. 392, 71 N. E. 1031, Illinois. 



RIGHTS OF THE PEOPLE. 

48. "When the interest of the private manufacturer and the 
public weal, come in conflict, from the legislative standpoint, the 
public at large, are to have the preference. 

Halter v. State, 7 L. R. A. N. S. 1079. 

Comth. V. Kenny, 32 Peuna. Superior Ct. 544. 

Comth. V. Bercaw, 30 Penna. Superior Ct. 335. 

N. y. etc., R. R. V. New York, 165 U. S. 633. 
* * * * So that, a specially designated gun, which is made 
particularly effective and proportionately dangerous to game, 
comes within the class of dangerous agencies either to be regulated 
or prohibited as the Legislature may decide. 

The judgment of the Court below is reversed, and the record 
is remitted to the end that the sentence imposed may be fully 
carried into effect." 

Comm wealth v. McComb, 39 Pa. Superior Ct. 411. 
Judge Orlady in his opinion handed down in the automatic 
gun case, after citing numerous methods that might not be legally 
used in the taking of game says: 



GAME, FISH AND FORESTRY LAWS. 249 

49. "The swivel gun referred to in the Act of 1897, is de- 
scribed as a small cannon, revolving on a swivel, so that it may 
main or kill a number of game at a single discharge, but it is always 
under the direction and control of the operator. The automatic gun 
mentioned in this act is described as 'one that is fired from the 
shoulder, and the recoil developed by the exploded cartridge ejects 
the shell, cocks the hammer, and feeds in a fresh cartridge from a 
magazine into the chamber of the gun,' so that all that is required 
to discharge it is to pull the trigger. It is not necessary to^ 
justify the wisdom of the Legislative enactment ; the whole question 
has so frecjuently been the subject of discussion in the Legislature 
and Courts, that we must accept it as a result of their delibera- 
tions, that the automatic gun is not a proper weapon for the 
killing of game, within this Commonwealth. Nor are the Courts 
concerned about a technical though trifling interference with the 
pleasure of a hunter, or the property interest of a gun maker. 
Indeed, the source of the police power, as to game flows from 
the duty of the State to preserve for its people a valuable food 
supply. * * * * The exercise of this power therefor, comes 
directly within the principal of Plumley v. Mass. 1.55 U. S. 461, 
and Silz v. Hostenburg, 219 U. S. 31." 

JURISDICTION. 

50. "The Courts of Quarter Sessions shall also have jurisdiction 
in cases of fines, penalties or punishments imposed by any act of 
Assembly for offenses, misdemeanors and delinquencies, except 
when it shall be otherwise expressly provided and enacted." 

The Criminal Procedure Act, March 31st, 1860, P. L. 427, 
Sec. 32. 

51. A Justice of the Peace has the right of Summary Con- 
viction only when the right is distinctly and specifically given 
by the act under which suit is brought. 

Comth. V. LaBar, 32 Sup. Ct. p. 228. 

52. Where concurrent jurisdiction exists in different tribunals 
the one first exercising jurisdiction, rightfully acquires control to 
the exclusion of the other. 

Whartons Crim. PL and Practice, 8 Edition, Sec. 441-451. 
Hugh Crim. Law and Procedure, p. 663, Sec. 2564. 

FRAUD. 

53. A former conviction secured by the fraud of the defendant 
is no bar to a subsequent prosecution. 

Whartons Crim. PI. and Prac, Sec. 451, 8th Edition. 



m GAME, FISH AND FORESTRY LAWS. 

54. It has also been held that a former conviction or acquittal 
procured by fraud of the defendant, is no bar to a subsequent 
prosecution . 

Infra. Sec. 849. 

55. A new trial will be granted where it appears any unfair 
trick or artifice had been employed, resulting in favor of the 
party using it, thus a new trial was granted, where the defendant, 
by artifice of the prosecuting attorney, went to trial without con- 
travening testimony, under the belief that certain witness of the 
■State were absent while in fact they were present and concealed 
'by the prosecution. 

Infra. Sec. 852. 

56. In cases however where the verdict has been obtained by 
fraud of the defendant, such for instance as the collusive or 
forcible keeping back witnesses for the prosecution, or the sub- 
mitting of the case by trick without evidence, the verdict may 
be treated as a nulity. 

Infra. See. 786. 

57. Where the complaint was made to a justice by a person em- 
ployed to do so, by the defendant, and the warrant was served 
and witness subpoenaed by the defendants direction, and, an at- 
torney retained and paid by him, to appear on the part of the State 
and the circumstances of the case, were so represented to the 
justice that he imposed a lighter fine, than he otherwise would 
have done, the case was held open to another trial. 

State V. Little, 1 N. H. 257. 
Com. V. Jackson, 2 Va. Cas. 501. 

58. Of course, there is, in what has been said, no reference 
to a verdict of acquittal, obtained in a sham prosecution, in- 
stigated by the defendant himself and managed by him, with a 
view of forestalling, on the ground of such acquittal, a bona fide 
prosecution by the State. 

Smith V. Pfluger, 10 Dist. Repts. 717-718. 

59. It has been many times decided and may be regarded as 
settled law, that if one procures himself to be prosecuted for an 
offense he has committed thinking to get off with slight punish- 
ment, or none, and to fhus bar a prosecution in good faith, by the 
State, for the same offense, if the proceedings in reality, managed 
by himself, either directly, or through the agency of another, and 
the State while a party in name, is not so in fact, and had no 
actual "fccncy in the matter, the judgment thus procured is void 
and a!''o)ds no protection, 

Shindler v. State, Indiana Sunreme Court, Oct. 1891. 
Orim. Law Magazine, Vo. 14, 204. 



GAME, FISH AND FORESTRY LAWS. 251 

60. While the judgment in such cases as those before cited 
are fraudulently procured and are frequently said to be void be- 
cause of fraud practiced, it is apparent, that a better reason foe 
holding them void and not binding upon the State, is, that the 
State is not a party to them. 

The State can no more be bound by a judgment to which it is 
not a party than can a citizen of the State. Never having been a 
party to it, or having any notice, or knowledge of the proceedings, 
it may be treated as a nulity. « « « * in speaking of such 
cases, Bishop well says. He, (the defendant) is, while holding 
his fate in his own hands, in no jeopardy. The plaintiff is no 
party in fact, but only such in name, the judge is imposed upon, 
indeed, in point of law, adjudicates nothing. All is a mere puppet 
show and every wire, moved by the defendant himself. 
1st Bishop Cri. Law, See. 1010. 
10 Dist. R. 717. 

HORNS ON A DEER. 

61. In a prosecution for illegally killing a deer, it is no_ de- 
fense that the respondent was ignorant of the fact that the animal 
was without horns. 

Vermont Reports; No. 75, Vol. II, Page 438, 1903. 

62. In a prosecution for killing a deer not "having horns" in 
violation of No. 94, Acts of 1896, when it is undisputed that the 
deer had horns, only to the extent of bunches which did not pro- 
trude through the skin, whether these bunches were "horns" 
within the meaning of the statute, is a question of law for the 
court to rule upon, and not a question of fact for the consideration 
of the jury. 

A deer which has no horns protruding through the skin, so 
that they can be seen to be horns, is not a deer "having horns" 
within the meaning of No. 94, Acts 1896. 

Vermont Reports; No. 77, Vol. II, Page, 175. 

RIGHT OF CONSTABLE TO REWARD. 

1. Constables are entitled to the rewards for securing con- 
victions for violation of game, fish or forestry laws, as fixed by 
act of March 22, 1899. 

A. C. Lee, Const, v. County of Wayne. 
Deputy Game Protectors are not entitled to the reward of $10, 
given Constables under the provision of the Act of March 22nd, 
1899. 

H. H. Almes v. Indiana Co. 45 Pa. Superior Ct. 137. 



252 GAME, FISH AND FORESTRY LAWS. 

BOUNTY. 

Counties are compelled to pay bounties on wild cats, foxes, 
minks and weasels, killed in this State, the claim for such 
bounty bein^- presented to the County Commissioners, under the 
provisions of the act of April 10th, 1907, P. L. 60. 
Brink v. Marsh, 53 Pa. Superior Ct. 293. 



Forest Fires in 
Pennsylvania 



MUST BE 



Stopped 



if you desire GAME, FISH and FOR- 
ESTS for the future 



(253) 



Stop Forest Fires 



Forest fires are doing more to destroy the game, fish, and 
forests of Penns^'lvauia than any other influences. 

Every one ought to do his share toward preventing the tre- 
mendous economic loss which results from forest fires, and may 
help greatly by observing the following suggestions: 

Be sure your match, cigarette, or cigar butt and pipe ashes 
Are dead before throwing them away. 

Build what fires must be used only upon bare soil and in such 
places that fire cannot spread. 

Be sure your fire is extinguished before leaving it. 

Burn no brush, or other material, near woodlands upon a 
windy day, and under all circumstances stay by the fire untii 
it is dead. 

Be as careful of fire in the woods as you are in your home. 

Help extinguish a fire as soon as one is discovered. If you 
cannot help, notify the nearest fire warden, and if possible send 
a substitute. 

Learn who your nearest fire warden is and give him your sup- 
port. 



(254) 



THE 

PENNSYLVANIA DEPARTMENT 

OF 

FORESTRY 



State Forestry Reservation CommissioB. 
Hobert S. Conklin, President, Columbia > Lancaster county, 
S. B. Elliott, Reynoldsville, Jefferson county. 
J. Linn Harris, Bellefonte, Centre county. 
William P. Stevenson, Lewistown, Mifflin county. 
Ij. M. Hoffman, Johnstown, Cambria county. 

' Office of Commissioner of Forestry. 

Commissioner of Forestry, Robert S. Conklin, Columbia, Ivaneas- 

ter county. 
Deputy Commissioner of Forestry, I. C. Williams, Esq., Royers- 

ford, Montgomery county. 
Clerks, A. Elwyn Strode, West Chester, Chester county. 
George W. Howard, Chester, Delaware county. 



Regular meetings of the Commission are held on the first Friday 
of each month, at 9 o'clock A. M. 



(255) 



\.^'' 



(256) 



DIVISION HI 

ACTS OF ASSEMBLY RELATING TO FORESTS 
AND FORESTRY. 



AN ACT* 

To prevent the damages which may happen by firing i'^94 3 Sm, 
of woods. ^•- ^^*- 

Section 3. Where any party is injured, and shall 
not demand above fifty dollars for his loss or damage, 
it shall and may be lawful to and for such person 
or persons to apply to any justice of the peace of 
the county where the offense is committed who is 
hereby empowered and required, by warrant under 
his hand and seal, to cause the party offending to 
be brought before him or some other justice of 
the peace of the same county; and if, upon examina- 
tion, it shall appear to the justice, by the testimony 
of one or more credible witness or witnesses, that 
the defendant is guilty of the charge exhibited against 
him, then the said justice shall issue his warrant 
to two or more freeholders of the neighborhood, 
thereby comraandin.i? them, in the presence of the 
defendant, if he will be present, to view the place 
or thing damaged, or inquire into the loss sustained 
by the plaintiff, and to certify to the said justice, 
upon their oath or affirmation, what damage, in their 
judgment, the plaintiff hath sustained by occasion of 
the premises ; and upon the return of such certificate 
to the said justice, he is hereby empowered to grant 
execution for the recovery of the said damages, 
together, with the costs of prosecution, as is usual 
in the recovery of debts under ten pounds: Provided, 
That if any person or persons shall apprehend him, 
her or themselves aggrieved by the determination of 
any justice of the peace, in consequence to this act, 
he, she or they shall have a right to appeal from the 
judgment of the said justice to the next court of 
common pleas of the proper county. 



*Seotion 3 of the above act is 
ihe law is repealed. 



I 



still in force. The remainder of 

(257) 



17 



258 



GAME, FISH AND FORESTRY LAWS. 



1860. P. L. Title VIII. Offenses against real property, and 
419- Malicious mischief. 

Section 153. If any person shall knowingly and 
maliciously cut, fell, alter or remove any certain 
bounded tree, or other allowed land mark, to the 
wrong of his neighbor, or any other person, he shall 
be guilty of a misdemeanor, and on conviction, be 
sentenced to pay a fine not exceeding five hundred 
dollars, and to undergo an imprisonment not exceed- 
ing one year. 

Approved— March 31st, A. D. 1860. 

WM. F. PACKER. 



1251. 



P. L. 



Tenants in 
common pro- 
hibited from 
cutting or 
removing 
timber with- 
out consent 
of co-tenant. 

Sales of tim- 
ber tbus cut 
or removed 
not to pass 
title thereto. 

Remedies 
for recovery 
of timber 
and dam- 
ages. 

Parties in 
interest au- 
thorized to 
sue out 
vsrits of 
estrepe- 
ment. 

Writs, how 
obtained. 



AN ACT 

To prevent tenants in common of timber lands from 
cutting or removing trees without the consent of all 
of their co-tenants. 

Section 1, Be it enacted, &c.. That from and 
after this date it shnll be unlawful for any owner 
or owners of any undivided interests in timber land 
within this Commonwealth, to cut or to remove, or 
to cause to be cut or removed, from the said land, any 
timber trees, without first obtainnig the written con- 
sent of all co-tenants in said premises. 

Section 2. That no sale of any timber cut or re- 
moved from such undivided lands, before or without 
such consent, shall pass any title thereto; and the 
parties injured shall have every remedy in law and 
equity for the recovery of the said timber trees, and 
of all square timber, boards, lumber, ties, shingles 
and other articles, whatsoever manufactured there- 
from : and also for the recovery of damages for the 
cutting or removing of the same, which they now 
have against an entire stranger to the title. 

Section 3. Upon the violation of the provisions oj 
the first section of this act, it shall be lawful for anj 
of the parties in interest to sue out a writ of estrepe^ 
ment, to prevent any further cutting thereon, or th( 
removal of any timber then already cut, or both 
which said writ shall be of force until the interests o1 
the parties shall be set out in severalty, or the writJ 
dissolved by the court, or the action or partition ii 
reference to said land finally ended ; and the said writ 
of estrepement shall be obtained by affidavit, and al 



GAME, FISH AND FORESTRY LAWS 

lowed in the same manner and with like proceedings 
as to its service and dissolution as are now by law al- 
lowed and authorized in cases of estrepement issued 
pending actions of ejectment for real estate. 
Approved— May 4th, A. D. 1869. 

JOHN W. GEARY. 



AN ACT 



Requiring the several assessors of this Common- isss. 
wealth to make return of timber lands. •^^^• 



Section 1. Be it enacted, &c.. That it shall be the 
duty of the several assessors of this Commonwealth, 
in their return of real estate to the commissioners 
of the proper county, at the next triennial assessment, 
and at each triennial assessment thereafter, to make 
return of all the timber land in their proper district 
by specifying in separate columns, how many acres 
each tract contains of cleared land, and how many 
in timber. 

Approved— The 13th day of June, A. D. 1S8.3. 
ROBERT E. PATTISON. 



Timber 
lands to her 
sejiaratt'ly 
assessed. 



AN ACT 

Providing for the recovery of damage to trees along iS9i, 
the public highways, by telegraph, telephone and ■'^'^*- 
electric light companies. 



Section 1. Be it enacted, &;c., That from and 
after the passage of this act, it shall be lawful when- 
ever any telegraph, telephone or electric light com- 
pany shall have erected its poles and lines along any 
turnpike, public road, street, lane, alley or highway 
in this Commonwealth, for the owner or owners of 
land adjoining said turnpike or public road who may 
claim to be damaged by the erection or maintenance 
of said lines by reason of the cutting of trees, whether 
planted in the said turnpike, i^iblic road, street, lane, 
alley, or highway, or on enclosed or unenclosed land 
adjoining the same, to petition the court of common 
pleas of the county in which said damage shall be 



P. L. 



Owner dam- 
aged may 
petition the- 
court. 



260 



GAME, FISH AND FORESTRY LAWS, 



Court shall 
appoint 
three 
viewers. 



Viewers 
report. 



When con- 
firmation 
shall become 
absolute. 

Shall not 
apply to. 
police or fire 
department 
telegraph 
lines. 



alleged to have been committed, whereupon the said 
court shall appoint three impartial men, citizens of 
the county in which said damages shall be alleged, as 
viewers, who shall, after having been duly sworn 
or affirmed to the faithful performance of their duties, 
assess the damages done, if any, to the petitioner, 
and shfi'y report the same to the court, at the first 
week of the next regular term thereof after the said 
appointmouL, wbiuh report shall, upon its presenta- 
tion as aforesaia, be confirmed nisi; and if no appeal 
be entered to the same on or before ten days from 
the Saturday of the week in which the same is pre- 
sented. It shall then be confirmed absolutely and judg- 
ment entered by the prothonotary of the said court 
upon the same against the said company. 

Section 2. The compensation of the viewers pro- 
vided for by the first section of this act shall be 
the same as is now provided for road viewers, <and 
shall be paid by the defendant company, where dam- 
ages are awarded, otherwise by the petitioner: Pro- 
vided, That the provisions of this act shall not apply 
to the police patrol or fire department telegraph 
lines. 

Section 3. All laws in so far as they conflict with 
this act are hereby repealed. 

Approved— The 2d day of June, A. D. 1891. 
ROBERT E. PATTISON. 



AN ACT 



1S97. P. L. 
9. 



When act 
shall go 
into effect. 



Duties of 
county 
treasurers 
and commia- 
sioners. 
Public no- 
tice to be 
given in two 
newspapers. 
Contents of 
notice. 



Authorizing the purchase by the Commonwealth of 
unseated lands for the non-payment of taxes for the 
purpose of creating a State Forest Reservation. 

Section 1. Be it enacted, &c.. That from and after 
the first day of January, A. D. one thousand eight 
hundred and ninety-eight, whenever any unseated 
lands within this Commonwealth shall, under exist- 
ing laws, become liable to sale by the respective 
county treasurers or the county commissioners for non- 
payment of taxes, it shall be the duty of such treas- 
urers and commissioners to publish at least once a 
week for six successive weeks in at least two news- 
papers of general circulation within the county in 
which the said lands lie, and if two newspapers be 
not published in said county, then in one newspaper 
in or nearest to the same, which notice shall contain 



GAME, FISH AND FORESTRY LAWS. 



261 



the names of the owners when known, the warrant 
numbers, names of warrantees when known, the num- 
ber of acres contained in each tract, the township in 
which the same is located, and the sums due upon 
each tract for taxes and further to mail to the Secre- 
tary of Agriculture and the Commissioner of Forestry- 
each, ten copies of such printed advertisement im- 
mediately upon publication thereof. 

Section 2. It shall be the duty of the Commissioner 
of Forestry to inquire into and examine the location 
and character of unseated lands advertised by the re- 
spective county treasurers and the county cntiinis- 
sioners of this Commonwealth for sale for the non- 
payment of taxes, and if in his judgment the sirrae 
are so located and are of such a character as to mike 
them desirable for the Commonwealth for the purpose 
of creating and maintaining a Forestry Reservation, 
he shall have power at his discretion to purchase any 
such lands for and in behalf of the Commonwealth at 
such tax sales, subject to the right of redemption 
under existing laws: Provided however. That the 
bid made and the price paid for said lands, shall in 
no case exceed the amount of taxes for the non-pay- 
ment of which the same are being sold, and the costs. 
For all purchases so made in behalf of the Common- 
wealth, the Auditor General shall draw his warrant 
upon the State Treasurer to the order of the county 
treasurer, upon certificate filed by the Commissioner 
of Forestry with the said Auditor General: Pro- 
vided further. That the Commissioner of Forestry 
shall have power to purchase unseated lands other 
than such as are advertised for sale for the non-pay- 
ment of taxes, upon such terms and conditions as may 
be agreed upon with the owners of such lands: Pro- 
vided, That such purchase shall be approved by the 
Governor and the Board of Property, consisting of 
the Attorney General, Secretary of the Commonwealth 
and Secretary of Internal Affairs. And provided fur- 
ther. That in no case shall the price paid for such 
unseated land exceed the assessed value of the same. 
For all purchases so made in behalf of the Common- 
wealth the Auditor General shall draw his warrant 
upon the State Treasurer to the order of the grantor, 
upon certificate filed by the Commissioner of Forestry, 
with approval as aforesaid: Provided, That in no 



Notices to 
be sent to 
Comniis- 
siouei- of 
Forestry. 

Duty of 

Couiiuis- 
siouer of 
Forestry . 



May pur- 
chase lands 
for Com- 
monwealth. 

Proviso. 



How pay- 
ment sliall 
be made. 



■262 



GAME, FISH AND FORESTRY LAWS 



Redem- 
tion of. 



Title shall 
be vested in 
Common- 
wealth. 

County 
treasurers 
shall certify 
to Commis- 
sioner of 
Forestry 
lists of 
lands not 
redeemed. 

Such lands 
not subject 
to further 
taxation. 

Record of 
lands to be 
kept. 

Contents of 
record. 



Lands shall 
be under 
control of 
Department 
of Forestry. 



Purpose. 



Repeal. 



case shall the amount paid for any tract of land 
purchased under the provisions of this act exceed the 
sum of five dollars per acre.* 

Section 3. In the event of redemption of said lands, 
the redemption money paid shall be remitted to the 
State Treasurer by the county treasurer with a state- 
ment describin,£j the tract of land so redeemed. 

Section 4. The title to all lands so purchased, and 
not redeemed after the expiration of the time limited 
for the redemption, shall be taken as vested in the 
Commonwealth to the same extent, and with like 
effect as though such purchase had been made by 
an individual at such sale, and the county treasurer 
shall certify to the Secretary of Agriculture (Com- 
missioner of Forestry) lists of all lands purchased in 
behalf of the Commonwealth and not redeemed within 
the time limited for such redemption, with a descrip- 
tion of each tract as required by section one of this 
act, and thereafter such lands shall not be subject to 
further taxation while the same are owned by the 
Commonwealth. It shall be the duty of the Secretary 
of Agriculture (Commissioner of Forestry) to keep a 
record in a book, to be especially provided for that 
purpose, of all the lands so acquired by the Common- 
wealth, with full description of each tract, the char- 
acter of the same, the date of purchase, the price 
paid, when the title became absolute, or if redeemed, 
the date of redemption. 

Section 5. The lands so acquired by the Common- 
wealth shall be under the control and management 
of the Department of Agriculture, but assigned to the 
care of the Division of Forestry, (Department of 
Forestry) and shall become part of a forestry reser- 
vation system, having in view the preservation of 
the water supply at the sources of the rivers of the 
State, for the protection of the people of the Com- 
monwealth and their property from destructive floods. 

Section 6. All acts or parts of acts inconsistent 
herewith are hereby repealed. 

Approved— The 30th dav of March, A. D. 1897. 
DANIEL H. HASTINGS. 

(The above Act, by reason of the abolishment of the Division 
of Forestry in the Department of Agriculture, and the creation 
of the Department of Forestry by Act of 2oth February, 1901, 
has been changed in its application.) 



■■•Sec. 2, as amended by Act of April 



1899, P. L. 



GAME, FISH AND FORESTRY LAWS, 



263 



AN ACT 

To authorize constables and other peace officers, with- 1S97. 
out first procuring a warrant, to arrest persons rea- ^' 
sonably suspected by them of offending against the 
laws protecting timber lands. 

Section 1. Be it enacted, &c.. That if any person 
or persons shall be detected by any constable or 
other peace officer, in the act of trespassing upon any 
forest or timber land within this Commonwealth, 
under such circumstances as to warrant the reason- 
able suspicion that such person or persons have com- 
mitted, are committing, or are about to commit, some 
offense or offenses against any of the laws now enacted 
or hereafter to be enacted for the protection of forests 
and timber land, such constable or peace officer shall 
have authority at once, without first procuring a war- 
rant therefor, to arrest on view such person or per- 
sons, with like effect as though such warrant had first 
been procured. 

Section 2. That all acts or parts of acts incon- 
sistent herewith be and the same are herebv repealed. 

Approved— The 29th day of April, A. D.' 1897. 

DANIEL H. HASTINGS. 



AN ACT 

To amend the first section of an act, entitled "An 
act to protect timber lands from fire," approved the 
second day of June, A. D. 1870, providing for a 
penalty in case of the failure of county commis- 
sioners to comply with the terms of said act, after 
demand made upon them by the Commissioner of 
Forestry, and providing for the Commonwealth bear- 
ing part of the expenses incurred under said act. 

Section 1. Be it enacted, &c., That the first sec- 
tion of the act, entitled "An act to protect timber 
lands from fire," approved the 2d day of June, A. D. 
1870, which reads as follows: 

"Section 1. That it shall be the duty of the com- 
missioners of the several counties of this Common- 
wealth to appoint persons under oath, whose duty 
It shall be to ferret out and bring to punishment all 



P. L. 



Duty of 
constables. 



May arrest 

without 

warrant. 



Repeal. 



1S97. P. L. 



Section 1, 
act of June 
2, 1870. 
cited for 
amendment. 



264 



GAME, FISH AND FORESTRY LAWS. 



County com- 
missioners 
shall appoint 
person to 
institute 
proceed- 
in,£:s, and 
extinguish 
Rres. 

Coniniis- 
5ioiiers fail- 
ing to com- 
ply shall be 
i;nilty of a 
misde- 
meanor. 

Penalty. 

How ex- 
penses after 
January 1, 
1898. Shall 
be paid. 



Itemized 
statement 
shall be fur- 
nished Aud- 
itor General. 



? 



persons who either wilfully or otherwise cause the 
burning of timber lands, and to take measures to 
have such fires extinguished where it can be done 
the expense thereof to be paid out of the county treas^ 
ury, the unseated land tax to be the first applied t<| 
such expenses," shall be and the same is herebj 
amended to read as follows: 

Section 1. That it shall be the duty of the com 
missioners of the several counties of this Common 
wealth to appoint persons, under oath, whose dutj 
it shall be to ferret out and bring to punishment al 
persons or corporations who either wilfully or other 
wise cause the burning of timber lands within th 
respective counties, and to take measures to have sue! 
fires extinguished where it can be done ; and on failur 
of the commissioners of any county,, after deman 
made upon them by the Commissioner of Forestry o 
this Commonwealth, to comply with this provision 
they shall be deemed guilty of a misdemeanor in office 
and upon conviction thereof shall be fined in a sur 
not exceeding one hundred dollars, or suffer an ire 
prisonment not exceeding two years or both, at th 
discretion of the court. The expenses incurred in th 
employment of the persons contemplated by this act 
on and after the first day of January, A. D. 189^ 
shall be paid, one-half out of the treasury of the r 
spective county, and the remaining half of said 63 
pense shall be paid by the State Treasurer upon wa 
rant from the Auditor General ; but no such warrai 
shall be drawn until the commissioners of the prop^ 
county shall have first furnished, under oath or a 
firmation, to the Auditor General, a written itemizf 
statement of such expense, and until the same 
approved by the Auditor General: Provided, That 
no case shall the expense to the Commonwealth gro\ 
iug out of this act exceed five hundred dollars for 
single county in any one year. 

Approved— The 15th day of July, A. D. 1897. 

DANIEL H. HASTINGS. 



^ 



GAME, FISH AND FORESTRY LAWS 



265 



AN ACT 



establish a Department of Forestry, to provide 
for its proper admiuistration, to regulate the ac- 
quisition of land for the Commonwealth and to pro- 
vide for the control, protection and maintenance 
of Forestry Reservations by the Department of 
Forestry . 

^Section 1. Be it enacted, &c.. That there be and 
hereby established a Department of Forestry, to 
nsist of the Commissioner of Forestry and four 
her citizens of the Commonwealth, who together 
all constitute the State Forestry Reservation Com- 
ission ; each of whom shall be appointed and com- 
issioned by the Governor, by and with the advice 
consent of the Senate; the Commissioner of 
)restry for a term of four years, two of the said 
dzens for a term of two years: and two of said citi- 
ns for a term of four years; and thereafter all ap- 
intmeuts shall be made by the Governor, by and 
th the advice and consent of the Senate, for a term 
four years. The persons so appointed, before enter- 
? upon the discharge of their duties shall each take 
d subscribe to the oath of office prescribed by article 
ven of the Constitution of Pennsylvania. The Cora- 
ssioner of Forestry and the Forestry Reservation 
►mmission, so appointed, shall be clothed with all 
e powers heretofore conferred by law respectively 
on the Commissioner of Forestry and the Forestry 
servation Commission, so far as the same are con- 
itent with the provisions of this act, and in ad- 
ion shall have full power, by and with the consent 
the Governor, to purchase any suitable lands in 
y county of the Commonwealth that in the judg- 
;nt of said Commission the State should possess 
• forest preservation: Provided, That in no case 
all the amount paid for any tract of land, pur- 
ased under the provisions of this act, exceed the 
tn of ten* dollars per acre. Said commission shall 
so have full power to manage and control all the 
|ids which it may purcha.'-;e under the provisions 
this act, as well as those that have heretofore been 
rchased and which are now owned by the State 
der existing laws. Said Commission is also em- 



1901. 
LI. 



L. 



Department 

of Forestry 
established. 

How con- 
stituted. 

A pointed 
by the 
Governor. 



Mpmbers to 
be sworn. 



Powers of 
the coramia- 
sion. 



Purchase of 
land. 



Control of 
lands. 



.^s amended by Act of May 14. 1915, infra, page 31. 



GAME, FISH AND FORESTRY LAWS. 



May sell 

timber or 
lease min- 
eral rights. 



Proviso. 



Publications 
in news- 
papers. 



Proviso. 



One-half net 
revenue to 
be paid to 
township. 

Proviso. 



powered to establish such rules and regulations wi 
reference to control, management and protection 
forestry reservations, and all lands that may be a 
quired under the provisions of this act, as in i 
judgment will conserve the interests of the Commo! 
wealth, and wherever it shall appear that the w\ 
fare of the Commonwealth, with reference to reforc 
tation and the betterment of State Reservations, W| 
be advanced by selling or disposing of any of ti 
timber on forestry lands, the Commission is here 
empowered to sell such timber on terms most adval 
tageous to the State ; and said Commission is here 
empowered to make and execute contracts or lease 
in the name of the Commonwealth, for the mining 
removal of any valuable minerals that may be fou 
in said forestry reservations, whenever it shall appe 
to the satisfaction of the Commission that it wor 
be for the best interest of the State to make sii 
disposition of said minerals; and provider! . That su| 
contracts or leases shall also be approved by the G( 
ernor of the Commonwealth after the proposed sfj 
contracts or leases shall have been duly advertised 
at least three newspapers published nearest the res 
vation designated, for one month, in advance of s 
contract or lease, and the contracts or leases sh 
be awarded to the highest bidder and he or they sh 
have given such bond as the commission shall des 
nate for the performance of his or their part of 
contract, and the said bond shall have been approi 
by the court of the county wherein the contracts 
leases are made: Provided, however. That wh( 
by virtue of leases or contracts for removal of miner 
and sale of timber from any lands purchased by 
State for Forestry Reservations, there comes a 
revenue to the State, one-half of said net revenue 
rived from lands situated in any township shall 
paid by the State Treasurer to the treasurer of si 
township for application to township purposes 
reduction of local tax levies in such township: F 
vided. That there shall not be paid to any one to'^ 
ship, during any year more than twice the amo 
of taxes that would be received by such township fi 
said lands if they were owned by individuals. 

Section 2. (Supplied by Act of May 5, 1911, P. 
163, which see infra p. 293). 



GAME, FISH AND FORESTRY LAWS 



267 



Section 3. That the Commissioner of Forestry shall 
be the president and executive officer of the Forestry 
Reservation Commission, and also Superintendent of 
the State Forestry Reservations, and shall have im- 
mediate control and management, under the direction 
of the Forestry Reservation Commission, of all forest 
lands already acquired or which may hereafter be ac- 
quired by the Commonwealth, but the power so con- 
ferred upon said Commissioner of Forestry shall not 
extend to the enforcement of the laws relating to 
public health or the protection of fish and game. It 
shall be the duty of the Commissioner of Forestry to 
encourage and promote the development of forestry, 
and to obtain and publish information respecting the 
extent and condition of forest lands in the State, and 
to execute all rules and regulations adopted by the 
Forestry Reservation Commission for the enforcement 
of all laws designated for the protection of forests 
from Co and depredation ; and he is hereby em- 
powerei to employ such detective service and such 
legal or other services as may be necessary for the 
protection of the forestry reservations owned by the 
Commonwealth and for the apprehension and punish- 
ment of persons who may violate any of the forestry 
reservation laws or any of the rules and regulations, 
which, under the powers herein given, may be 
adopted by the Forestry Reservation Commission: 
Provided, That the services so employed and the ex- 
penses that may thereby be incurred shall be approved 
by said Forestry Reservation Commission and the 
Governor of the Commonwealth. 

Section i. The Commissioner of Forestry shall re- 
ceive a salary of three thousand dollars per annum, 
and in addition thereto shall be reimbursed for all 
necessary expenses of travel which may be incurred 
in the discharge of the duties of his office ; and the 
other members of the Forestry Reservation Commis- 
sion shall serve without salary, but shall be reim- 
bursed for all necessary expenses incurred by them 
in the performance of the duties of their office. 

Section 5. The Commissioner of Forestry shall have 
an office at the State Capitol, and it shall be the 
duty of the Board of Commissioners of Public Grounds 
and Buildings to provide, from time to time, the 
necessary rooms, furniture, apparatus and supplies 
for the use of the Department of Forestry created 
under the provisions of this act. 



Commis- 
sioner of 
Forestry to 
be President 
of Commis- 
sion, etc. 



Duties of 
Commis- 
sioner. 



May employ 
detectives. 



Proviso, 



Salary of 
the Commis- 
sioner. 

Traveling 
expenses of. 

Expenses of 
other mem- 
bers. 



Office to 
be provided 
and fur- 
nished. 



268 



GAME, FISH AND FORESTRY LAWS. 



Transfer of 
unexpended, 
appropria- 
tion. 



Clerk of 

Commia- 
sioner. 



Salary of.' 

Purchase 
money for 
lands ; how 
to be paid. 



Title of 
lands ac- 
quired to be 
in Common- 
wealth. 



Lands not to 
be subject 
to warrant, 
survey and 
patent, and 
to be 

exempt from 
taxation. 



May expend 

money for 
public roada. 

Expenses 
subject to 
approval. 



Section 6. All moneys appropriated by the General 
Assembly in the general appropriation act of 1899 for 
the Division of Forestry of the State Department of 
Agriculture, as for salaries or contingent fund, which 
may remain unexpended at the time of the approval 
of this act, shall be transferred to and be vested in 
the Department of Forestry, hereby created ; and the 
clerk of the Commissioner of Forestry, hitherto ap- 
pointed under the law creating the Department of 
Agriculture, shall be transferred from the Department 
of Agriculture to the Department of Forestry, on the 
same salary that he now receives. 

Section 7. The purchase money for lands acquired 
and all expenses that may be incurred, except th^ 
salaries of the Commissioner of Forestry and his 
clerk, shall be paid by the State Treasurer out of 
any moneys in the Treasury tiot otherwise appropri- 
ated, on warrant of the Auditor General, upon 
vouchers duly approved by resolution of the Forestry 
Reservation Commission and the Governor of the Com- 
monwealth. 

Section 8. The title of all lands acquired by the 
Commonwealth for forestry reservations shall be taken 
in the name of the Commonwealth and shall be held 
by the Commissioner of Forestry, and such lands shall 
not be subject to warrant, survey or patent, under 
the laws of the Commonwealth authorizin':? the con- 
veyance of vacant or unappropriated lands, and all 
such forestry reservation lands shall be exempt from 
taxation from the time of their acquisition. In all 
cases where lands have been purchased, or may here- 
after be purchased by the Forestry Reservation Com- 
mission for forest reservations, where there are pub- 
lic roads, regularly established, running into or 
through said land, the Commissioner of Forestry, 
under such rules and regulations as the Forestrj 
Reservation Commission is hereby authorized to 
adopt, may expend a sum uot exceeding twenty-five 
dollars per mile in each year for the maintenance, re- 
pair or extension of any such roads, and on roads bor- 
dering on reservations one-half of this rate per mile 
may be expended. All expenses that may thus be in- 
curred shall be subject to the approval of the Forestry 



GAME, FISH AND FORESTRY LAWS 



Reservation Commission and the Governor of the 
Commonwealth, and shall be paid in the same manner 
as other expenses are provided for in this act. 

Since the passage of the Act of April 5, 1905, P. L. Ill, 
making a fixed charge of 2 cents per acre for road purposes 
against State lands held for forest reserves, the alx)ve privi- 
lege under Sec. 8 has not been exercised by this Commission. 

Section 9. The Commissioner of Forestry shall re- 
ceive the moneys to which the State may be entitled 
by virtue of the sale of any timber, or by virtue of 
any leases or contracts relatin.^ to the disposition of 
minerals, as hereinbefore provided, and he shall im- 
mediately pay the same over to the State Treasurer 
as a part of the revenue of the Commonwealth. The 
said Commissioner of Forestry shall give his bond to 
the Commonwealth, with two sureties, to be approved 
by the Governor, in the sum of ten thousand dojlars, 
for the faithful discharge of the duties imposed by this 
act and for the proper accounting of any moneys to 
the Commonwealth that may come into the hands 
by virtue of his position as Commissioner of For- 
estry . 

Section 10. That all acts or parts of acts incon- 
sistent with the provisions of this act be and the same 
are hereby repealed . 

Approved— The 25th day of February, A. D. 1901. 
WILLIAM A. STONE. 



Disposition 
of money 
received. 



Commis- 
sioner of 
Forestry 
shall give 
bond of 
$10.C<X>. 



Repeal. 



AN ACT 

For the better protection of timber lands against fire, I90i. 
and providing for the expenses of the same, and mis- 
directing what shall be done with the fines collected 
and costs paid. 

Section 1. Be it enacted, &c.. That when the com- 
missioners of any county or counties fail to "appoint 
persons under oath, whose duty it shall be to ferret 
out and bring to punishment all persons or corpora- 
tions who either wilfully or otherwise cause the burn- 
ing of timber lands," within their respective counties, 
as is provided for by the act of July loth, 1897, or 
when they have appointed inefficient persons to do 
the work aforesaid ; the Commissioner of Forestry 
may, on the request of residents of a county in which 



When the 
Commis- 
sioner of 
Forestry 
may avipoint 
detectives 
and employ 
attorneys. 



270 



GAME, FISH AND FORESTRY LAWS. 



Expenses 
incurred. 



Fines 
collected. 



When pay- 
ment to 
county com- 
missioners 
may be re- 
fused. 



such fires have been created, or on the request of 
the owner or owners of land which has b^en injured 
by the fires so created, appoint a detective or detec- 
tives, and employ an attorney or attorneys, to ferret 
out and bring to punishment, as aforesaid, those who 
cause the burning of timber lands ; and all expenses 
incurred by the Commissioner of Forestry under the 
operation of this act shall be paid by the State Treas- 
urer, on warrant drawn 'by the Auditor General, if 
the said bills shall be approved by the Governor and 
the Commissioner of Forestry ; and all the fines col- 
lected shall be paid by the magistrate or by order of 
the court to the Commissioner of Forestry, and be 
paid by him to the Treasurer of the Commonwealth. 

Section 2. When conviction is obtained, under the 
provisions of this act, of persons 'or corporations caus- 
ing the burning of timber lands, then the Auditor 
General, on the request of the Commissioner of 
Forestry, may refuse to pay the State's share of the 
money due to the county for the services of the per- 
son or persons, appointed by the county commis- 
sioners, to ferret out and bring to punishment those 
who caused forest fires in the districts where such 
persons served as fire detectives, to make arrests and 
secure convictions, and for which conviction was ob- 
tained by the detectives appointed by the Commis- 
sioner of Forestry. 

Approved— The 2d day of May, A. D. 1901. 

WILLIAM A. STONE. 



1901 P. L. 
569. 



T>orouglis 
may require 
the planting 
of shade 
trees by 
ibutting 
owners. 



AN ACT 

Authorizing boroughs of this Commonwealth to re- 
quire the planting of shade-trees along the public 
streets thereof, by the owners of abutting property, 
in certain cases. 

Section 1. Be it enacted, &c., That the burgess 
and council of any borough of this Commonwealth, 
upon the petition of a majority of the property owners 
upon any public street thereof, may by ordinance re- 
quire the planting and replanting of suitable shade- 
trees along and upon either side of any such street, 
upon such alignment and at such points as may by 
such ordinance be designated, by the owner or owners 



GAME, FISH AND FORESTRY LAWS. 271 

f property abutting the street at the points desig- 
lated ; and on failure of any such owner or owners 
iter reasonable notice to comply with the terms of 
ny such ordinances, the said authorities may cause 
uch trees to be planted or replanted at the expense 
f the borough; and thereupon, in the name of the 
orough, collect such expense from the owner or 
wners in default, as debts of like amount are by 
iw collectable: Provided, That the said authorities 
hall not require the planting or replanting of trees 
t any point or points which may interfere with the 
ecessary or reasonable use of any street or abutting 
roperty, or interfere unreasonably with any business 
lereon conducted . 
Approved— The 17th day of June, A. D. 1901.^ 

WILLIAM A. STONE. 



AN ACT 

encourage the planting of trees along the roadsides 1901. P. L. 
of this Commonwealth, and providing a penalty for ^^^• 
killing, removing or injuring the same; what dis- 
position is to be made of moneys collected as penal- 
ties, and for keeping a record by the supervisor of 
roads or boards of supervisors of roads of the trees 
so planted and upon which a tax abatement has been 
granted. 

NOTE.— With the possible exception of a portion of section 
this act is rendered inoperative by the decision in Tubbs 
Tioga, 32 C. C. 504, and subsequent legislation. See pages 

reinafter. 



Section 5. Any person who shall cut down, kill 
• injure any living tree, planted or growing natur- 
lyas aforesaid, (that is, by the roadside), or who 
jgKgently or carelessly suffers a horse or other do- Negii- 
estic animal, driven by or for him, to injure any gence. etc. 
ees hereinbefore mentioned, upon conviction thereof 
lall be subject to a penalty of not less than one dol- 
r, nor more than five dollars, with costs of suit, 
r each and every trees so cut down, killed, removed 
' injured: Provided, That if the defendant or de- Proviso, 
ndants neglect or refuse to pay at once the penalty 
imposed and costs, or shall not enter sufficient bail 



272 



GAME, FISH AND FORESTRY LAWS 



Fine. 
Penalty, 



for the payment of the same within ten days, he 
they shall be committed to the common jail of t! 
county in which the offense was committed, for 
period of not less than one day for each dollar 
penalty imposed and costs. 
Approved— The 2d day of July, A. D. 1901. 

WILLIAM A. STONE.; 



1903, P. L. 



Employes of 
Commis- 
sioner of 
Forestry. 



Powers 
vested in. 



Forest and 
timber land. 



AN ACT 

Conferring upon persons employed, under existl 
laws, by the Commissioner of Forestry, for the pi 
tecting of State Forestry Reservations, after ta 
ing the proper oath of office, the same powers 
are by law conferred upon constables and ott 
peace officers; to arrest, without first procuring! 
warrant, persons reasonably suspected by them 
offending against the laws protecting timber land 
also conferring upon them similar powers for t 
enforcement of the laws and rules and regulatio 
for the protection of the State Forestry Reser-\ 
tions, and for the protection of the game and fi 
contained therein; and further, conferring up 
them power to convey said offenders into the proj 
legal custody, for punishment; this act to ap^ 
only to off'enses committed upon said reservatic 
and lands adjacent thereto. 

Section 1. Be it enacted, &c.. That the perse 
employed, under existing laws, by the Commission 
of Forestry, for the protection of State ForesI 
Reservations, shall, after taking the proper offic 
oath before the clerk of the court of quarter sessic 
of any county of the Commonwealth, be vested w 
the same powers as are by existing laws conferi 
upon constables and other peace officers ; to arrest 
view, without first procuring a warrant therefor, p 
sons detected by them in the act of trespassing uf 
any forest or timber land within this Commonweal 
under such circumstances as to warrant the reas* 
able suspicion that such person or persons ^have cc 
mitted, are committing, or are about to commit, so 
offense or offenses against any of the laws now enac 
or hereafter to be enacted for the protection of fore 
and timber lands. Such officers shall likewise 



GAME, FISH AND B^ORESTRY LAWS. 



•273 



Tested with similar powers of arrest, in the case of 
oifenses against the laws or the rules and regulations 
enacted or to be enacted for the protection of the 
State Forestry Reservation, or for the protection of 
the fish and game contained therein: Provided, That 
the above mentioned rules and regulations shall have 
been previously conspicuously posted upon the reser- 
ration. Said oflicers shall further be empowered, and 
it shall be their duty immediately upon any such ar- 
rest, to take and convey the offender or offenders be- 
fore a justice of the peace or other magistrate having 
jurisdiction, for hearing and trial, or other due pro- 
cess of law: Provided, further. That this act shall 
extend only to the case of offenses committed upon 
said Forestry Reservations and lands adjacent there- 
to; and the powers herein conferred upon said offi- 
cers shall not be exercised beyond the limits thereof, 
except where necessary for the purpose of pursuing 
and arresting such offenders, or of conveying them 
into the proper legal custody, for punishment, as 
aforesaid. 

Section 2. All acts or parts of acts inconsistent 
herewith be and the same are hereby repealed. 

Approved— The 11th day of ]March, A. D. 1903. 
SAMUEL W. PENNYPACKER. 



State For- 
estry Reser- 
vation. 

Proviso. 



Limitation. 



Repeal. 



AN ACT 

To empower the Commissioner of- Forestry and the 
Forestry Reservation Commission to give street rail- 
way companies the privilege to construct, maintain 
and operate their lines of railway over, along and 
upon public highways within or bordering- on forest 
reservations owned by the Commonwealth. 

Section 1. Be it enacted, «S:c., That the Commis- 
sioner of Forestry and the Forestry Reservation Com- 
mission are hereby authorized and empowered to give 
to street railway companies, duly incorporated under 
the laws of this Commonwealth, upon such terms and 
subject to such restrictions and regulations as said 
Commissioner and Commission may deem proper, the 
privilege to construct, maintain and operate their 
lines of railway over, along and upon public high- 
ways, now laid out and in actual use, which lie with- 



1903. P. L. 



Commis- 
sioner of 
Forestry and 
the Forestry 
Reservation 
Commission, 
empowered 
to give cer- 
tain privi- 
leges to 
street rail- 
way com- 
panies. 



18 



274 



GAME, FISH AND FORESTRY LAWS. 



Highways 
bordei-ing on 
or within 
forest reser- 
rations. 



in or border on any forest reservations now owned or 
hereafter to be acquired by the Commonwealth, when- 
ever in the judgment of the said Commissioner and 
Commission the interests of the Commonwealth in the 
said reservations shall be benefited thereby. 
Approved— The loth day of April, A. D. 1903. 
SAMUEL W. PENNYPACKER. 



1903. P. L. 
201. 



Forestry 
Reservation 
Commission. 
Limiting 
amount of 
money to be 
expended 
by, an- 
nually. 



Special fund. 



Repeal. 



AN ACT 

To limit the amount of money expended each year 
by the State Forestry Reservation Commission in 
the purchase of lands for the Commonwealth. 

Section 1. Be it enacted, &c.. That from and after 
the passage of this act, the amount of money ex- 
pended by the State Forestry Reservation Commis- 
sion for the purchase of lands in any one fiscal year, 
shall not exceed the sum of three hundred thousand 
dollars: Provided, That contracts heretofore made 
for the purchase of land by the State Forestry Reser- 
vation Commission shall not be affected by this act. 
All proceeds dervied from the lands purchased by the 
said Commission shall be paid into the State Treas- 
ury, and shall be held as a special fund, and shall 
be paid by the State Treasurer to the said Commis- 
sion, from time to tirne, upon warrants drawn by the 
Commissioner of Forestry and countersigned by the 
Auditor General, for the purpose of assisting in de- 
fraying the necessary expenses of protecting and im- 
proving the said lands, or for the purchase of ad- 
ditional land. 

Section 2. All acts or parts of acts inconsistent 
herewith are hereby repealed. 

Approved— The 15th day of April, A. D. 1903. 
SAMUEL W. PENNYPACKER. 



GAME, FISH AND FORESTRY LAWS, 



275 



AN ACT 

irecting the Commissioner of Forestry to erect 
buildings on the Mont Alto Reservation or to pur- 
chase land and buildings adjacent to the said reser- 
vation, wherein to provide instruction in forestry, 
to prepare forest wardens for the proper care of 
the State Fore«try Reservation lands and making 
an appropriation therefor. 

Section 1. Be it enacted, &c., That the Commis- 
oner of Forestry is hereby directed, under the ad- 
ice of the State Forestry Reservation Commission, 
) purchase suitable buildings and land adjacent to 
le Mont Alto State Forestry Reservation or to erect 
aildings on said Reservation, at a cost not to ex- 
ied six thousand dollars, and to establish and pro- 
ide therein and on said Reservation practical in- 
duction in forestry, to prepare forest wardens for 
le proper care of the State Forestry Reservation 
nds ; the said instruction not to cost a sum exceed- 
ig ten thousand dollars, for the two "fiscal years 
Qding June first, one thousand nine hundred and 
ve ; and the sum of sixteen thousand dollars, or so 
iiuch thereof as may be necessary, is hereby appro- 
riated, out of moneys not otherwise appropriated for 
lid purposes; to be paid by warrant drawn by the 
.uditor General upon resolution of the State Forestry 
leservation Commission. 
' Approved— The 13th day of May, A. D. 1903. 

SAMUEL W. PENNYPACKER. 



1903, 
373. 



P. L. 



Appropria- 
tion. 



AN ACT* 

'roviding a fixed charged on lands acquired by the i^9<>5. P- ^^ 
State for Forestry Reserves, and the distribution ^^^• 
of revenue, so derived, for school and road pur- 
poses. 

Whereas, The Commonwealth of Pennsylvania is Preamble, 
cquiring large tracts of lands, in its several coun- 
ies, for the purpose of establishing forest reserva- 
ions ; and 



*See later act relating to charge for schools, page 292. 



276 



Forest 
serves. 



Annual 

charge 
against. 



Certificate 
as to num- 
ber of acres, 
etc. 



Payment to 
school dis- 
tricts and 
townships. 



GAME, FISH AND FORESTRY LAWS. 

Whereas, The purchasing of said lands by- 
Commonwealth makes said lands exempt from ta;i 
tion ; and ! 

Whereas, Because of said exemption from ta: 
tion, districts in the several counties lose the re 
nue secured from said prior taxation, and wo| 
a hardship upon the citizens thereof, by compell;| 
them to make up the loss on school and road-ta) 
thus brought about: 

Section 1. Be it enacted, &c.. That from and af 
the passage of this act, all lands acquired by i 
Commonwealth for forest reserves, and now ex en 
from taxation, shall be subject to an annual chai 
of three cents per acre, for the benefit of the scho; 
in the respective districts in which said reserve i 
reserves are located, and two cents per acre, for I 
benefit of the roads in the townships where said 
serve or reserves are located. 

Section 2. The Commissioner of Forestry shall c 
tify to the respective school districts and townshij; 
throughout the Commonwealth, in which forest 
serves are located, the number of acres owned by 
Commonwealth in each district or township, upon ) 
plication of the treasurer or road supervisors of a 
of the said districts or townships, and the chai 
against the same; and shall, furthermore, certify 
the State Treasurer the number of acres as aforesa 
and the charge against the same and in favor of 
respective districts and townships. The State Tre 
urer shall, upon the approval of the proper warrai 
of the Commissioner of Forestry, pay to the seve 
school-districts and townships the amounts due 1 
same from the Commonwealth, and derived under t 
act, upon due application therefor made by the tre 
urers or road supervisors of the said districts a 
townships. 

Approved— The 5th day of April, A. D. 1905. 

SAMUEL W. PENNYPACKER 



GAME, FISH AND FORESTRY LAWS 



277 



AN ACT 

. empower the Commissioner of Forestry and the 
Forestry Reservation Commission to give to bor- 
Du^hs and other municipalities the privilege of 
.mpounding water on Forest Reservations owned 
oy the Commonwealth, and of constructing, main- 
taining and operating lines of pipes over and through 
the same for the purpose of conveying water there- 
from. 

Section 1. Be it enacted, Sec, That the Commis- 
)ner of Forestry and the Forestry Reservation 
)mmission are hereby authorized and empowered 
give to boroughs and other municipalities of this 
Dmmonwealth, upon such terms and subject to such 
strictions and regulations as saixl Commissioner 
id Commission deem proper, the privilege of im- 
mnding water upon any Forest Reservations, now 
vnpd or hereafter to be acquired by the Common- 
ealth, and of constructing, maintaining and operat- 
g lines of pipes upon and through said reservations, 
■r the purpose of conveying water therefrom, when- 
'er in the judgment of the said Commissioner and 
ommission it shall be to the public interest so to do. 
Approved— The 14th day of April, A. D. 1905. 
SAML. W. PENNYPACKER. 



1905. P. L. 

155. 



Forestry 
reserva- 
tion. 



Privileges 
of boroughs 
and munici- 
palities. 

Pipe-lines. 



AN ACT 

b provide for the planting and care of shade-trees, 
on highways of townships of the first class, bor- 
ouiihs, and cities of the Commonwealth of Pennsyl- 
vania, and providing for the cost thereof. 
Section 1. Be it enacted, &c., That in townships 
f the first class, boroughs, and cities of the Com- 
lonwealth of Pennsylvania there may be appointed, 
1 the manner hereinafter provided a Commission 
f three freeholders, to be known and designrited as 
lie Shade-tree Commission of the said township, bor- 
ugh, or city, who shall serve without compensation, 
nd who shall have exclusive and aboslute custody 
nd control of, and power to plant, set out, remove, 
laintain, protect, and care for shade trees, on any 
f the public highways of the said townships, bor- 



1907. P. L. 



Shade 
trees. 



Shade-tree 
Commission. 



27i 



Bxistini? 
park com- 
missions. 



Acceptance 
of this act. 



Terms of 
commis- 
sioners. 



Appoint- 
ments. 



Annual re- 
port. 



Proviso. 



GAME, FISH AND FORESTRY LAWS. 

oughs, and cities, the cost thereof to be provided f 
in the manner hereinafter stated: Provided, That 
townships, boroughs, or cities in which a Comm 
sion for the care of public parks shall have be 
created, said Commission shall, upon the acceptan 
of this act as provided in section two, be charg' 
with the duties of the Commission as above provide 
and shall, for that purpose be possessed, of all t 
powers herein mentioned and granted. 

Section 2. The commissioners of any township 
the first class, or the councils of any borough or cit 
in the State of Pennsylvania, may, by majority vo 
in the case of the commissioners, or by joint resol 
tion in the case of the councils, accept the provisioi 
of this act, and when such majority vote or joint res 
lution shall have been duly passed and approved, ai 
such Shade-tree Commissioners appointed, or, 
their stead, the duties and powers herein provid( 
■ have been devolved upon an existing park commissioi 
then, from that time and in that event, this act ar 
all its provisions shall be in full force and applicatic 
in such township of the first class, borough, or cit;; 
so accepting ; and such commissioners shall be aj 
pointed, for terms of three, four and five years, r 
spectively, and, on the expiration of any term, tl 
new appointment shall be for five years, and any v 
cancies shall be filled for the unexpired term only 
and in townships of the first class the said appoin 
ment shall be made by the commissioners thereof; an 
in boroughs, by the chief burgess, and in cities by th 
mayor thereof: Provided, That in cities where 
Commission exists for the care of public parks, th 
term and appointment of such Commission shall not b 
changed by this act, but shall be and remain a 
provided by the act of Assembly, and by the oi 
dinance of councils creating such Commission fo 
the care and maintenance of public parks. And sue 
Shade-tree Commission shall, twice in every year 
report in full its transactions and expenditures fo 
the municipal fiscal year then last ended, to the an 
thority under and by which it was appointed: Pre 
vided. That an existing park commission, actin; 
under this enactment, may embody its report in it 
regular report to the councils, as by law or ordinanc 
provided. 



GAME, FISH AND FORESTRY LAWS. 



279 



Section 3. That when such shade-tree commis- 
sioners, or park commissioners so acting, shall pro- 
pose the setting out or planting or removing of any 
shade trees, or the material changing of the same in 
any highway, they shall give public notice of the 
time and place appointed for the meeting at which 
such contemplated work is to be considered, specify- 
ing in detail the highways, or portion thereof, upon 
which trees are proposed to be planted, removed, or 
changed, in one or more — not exceeding two in all — 
of the newspapers published in said township, bor- 
ough, or city, once each week for at least two weeks, 
prior to the date of said meeting. 

Section 4. The cost of planting, transplanting, 
or removing any trees in any liighAvays, and of suit- 
able guards, curbing, or grading for the protection 
thereof, when necessary, and of the proper replacing 
of any pavement or sidewalk necessarily disturbed in 
the doing of such work, shall be borne by the owner 
of the real estate in front of which such trees are 
planted, set out, or removed; and the cost thereof 
as to each tract of real estate shall be certified by 
the commissioner to the township commissioners, or 
to the presidents of the councils in boroughs and 
cities, and also to the person having charge o^ the 
collection of taxes for the said township, borough, 
or city; and upon the filing of said certificates, the 
amount of the cost of such improvenfent, of which 
notice shall also be given to each property owner in- 
volved, accompanied with a copy of the aforesaid cer- 
tificate, together with a notice of the time and place 
for payment, shall be and become a lien upon said 
real estate, in front of which said trees have been 
planted, set out, or removed ; said lien to be col- 
lectible, if not paid in accordance with notice as 
herein provided, in the same manner as other liens 
for taxes are now collectible against the property 
involved . 

Section 5. The cost and expense of caring for 
said trees after having been planted or set out, 
and the expense of publishing the notices provided 
for in section three, shall be borne and paid for by 
a general tax, to be levied annually in the manner 
that taxes for township, borough, and city purposes 
are now levied in such townships of the first class, 
boroughs, or cities; such tax not to exceed the sum 
of one-tenth of one mill on the dollar on the assessed 



Tree-plant- 
ing, etc. 



Notice shall 
be pub- 
lished. 



Cost of 
planting, 
transplant- 
ing, etc. 



Certificates. 



Cost of care 
and publica- 
tion. 



Tax. 



GAME, FISH AND FORESTRY LAWS 



valuation of the property in such townships of the 
first class, boroughs, or cities; and the needed amount 
shall each year, in due time, be certified by the shade- 
tree commissioners to the proper authorities charged 
with the assessment of taxes in said townships, bor- 
oughs, or cities, to be assessed and paid, as other 
taxes are assessed and paid, and to be drawn against 
as required by said commissioners, in the same man- 
ner as moneys appropriated for township, borough, 
or city purposes are now drawn against in said town- 
ships, boroughs or cities provided that the commis- 
sioners of any township of the first class and the 
councils of any borough or city, accepting the pro- 
visions of this act, may provide for the expense of 
the maintenance of trees on highways, in accordance 
with the provisions of this section by actual appro- 
priation, equal to the amount certified to be required 
by the said Commission, in lieu of the specific as- 
sessment above authorized . 

Section 6. The Commission, under which the pro- 
visions of this act shall be carried out, in any town- 
ship of the first class, borough, or city, shall have 
power to employ and pay such superintendents, en- 
gineers, foresters, tree-wardens, or other assistants, 
as the proper performance of the duties devolving 
upon it shall require; and to make, publish and en- 
force regulations for the care of, and to prevent in- 
jury to, the trees on the highways of any township, 
borough, or city accepting the provisions of this act; 
and to assess suitable fines and penalties for violations 
of this act, provided such regulations shall have been 
published at least twice in . one or more, not ex- 
ceeding two, newspapers of the township, borough, 
or city, involved, after having been submitted t« 
and being approved by the commissioners of the town- 
ship of the first class, or the councils of the borough 
or city affected; and such fines and penalties, so 
assessed for violations of this act, shall become liens 
upon the real property of the offender, and be col- 
lectible by the constituted authorities, as liens for 
taxes upon real property are now collected. 

Section 7. All the moneys due and collected from 
fines or penalties or assessments, in consequence of 
the acts of said Shade-tree Commission in enforcing 
this act, shall be paid to the treasurers of the town- 
ships, boroughs, and cities accepting its provisions. 



GAME, FISH AND FORESTRY LAWS. 



281 



and shall be placed to the credit of said commission, 
subject to be drawn upon by the said commission for 
the purposes of this act. 

Section 8, All acts and parts of acts inconsistent 
with this act are hereby repealed. 

Section 9. This act shall take effect immediately; 
but its provisions shall not be and become binding 
upon any township, borough, or city until it has 
been duly accepted, as provided in section two. 

Approved— The 31st day of May, A. D. 1907. 

P:DWIN S. STUART. 



Kppeal. 



AN ACT 

Establishing precautionary regulations to prevent for- 
est fires on lands in which oil-wells and gas-wells 
are situated, and diminish danger therefrom; mak- 
ing certain violations thereof misdemeanors, and 
prescribing punishment for the same, and in other 
cases affixing penalties and declaring liabilities for 
damages. 

Section 1. Be it enacted, &c.. That fallows, 
stumps, logs, brush, dry grass, fallen timber, or 
tree-tops shall not be burned in any forest lands 
of this Commonwealth, in which there are producing 
oil-welJs or gjis-wells, or rigs erected for drilling 
such wells, from the first day of April in each year 
to the twentieth day of jNIay next ensuing, nor from 
the tenth day of September in each year to the tenth 
day or November next ensuing. Excepting during 
the periods aforesaid, fires may be set in lands upon 
the following conditions: First, that written permis- 
sion thereto, of the fire-warden of the proper town- 
ship, shall first be obtained; second, said fire-warden 
shall be personally present when such fire is started: 
third, such fire shall not be started during a strong 
wind, nor without sufficient help to control the same 
at all times; fourth, such fire shall be watched and 
guarded, by the person by whom it is started, until it 
is extinguished. No fires shall be set, or allowed to 
burn, in said lands, excepting upon compliance with 
the conditions aforesaid. Any person \iolating any 
provisions of this section shall be deemed guilty of a 



1907. 

527. 



P. L. 



Forest fires, 
regulations 
to prevent 
Lands upon 
wbifb are 
oil and gas 
wells. 

When fires 
may not be 
started. 

When fir OS 
ma.v be 
started. 

Conditions. 



282 



GAME, FISH AND FORESTRY LAWS, 



Misde- 
meanor. 

Fine. 



Commit- 
ment. 

Proviso. 
Appeal. 
Rail. 



Annual 
clearance of 
lands of in- 

tiai-iniKiiiie 
material. 



Neglect. 
Fine. 



misdemeanor; and, upon being convicted thereof be- 
fore any alderman or magistrate, shall be fined by 
the said alderman or magistrate, — for the first offense, 
in the sum not less than ten dollars or more than 
twenty dollars, and for the second, and every subse- 
quent, offense, in a sum not less than twenty nor 
exceeding one hundred dollars, to be paid to the 
county wherein such offense may be committed ; and 
if said fine or penalty and the costs of the proceed- 
ings be not paid, then said alderman or magistrate 
shall commit said offender to the county jail, there 
to remain until discharged by due course of law: 
Provided, That when the fine imposed exceeds the 
sum of twenty dollars, the party complained against 
may appeal from the decision of said alderman or 
magistrate to the court of quarter sessions, upon his 
entering bail, in the nature of a recognizance, in the 
usual manner, for his appearance at said court, where 
the offense shall be prosecuted in the same manner as 
is now directed by law in other cases of misdemeanor. 
Section 2. Any owner or lessee of any forest lands, 
or owner of trees growing upon said lands, or any 
person in charge of the premises upon which lands 
there are producing oil-wells or gas-wells, or rigs 
erected for drilling such wells, shall, at least once in 
each year, cause to be removed from said lands all 
brush, tree-tops and branches of trees, which such 
owner, lessee, or other person in charge of the 
premises, may have cut or felled thereon, within one 
hundred feet, respectively, of all such wells or rigs; 
and shall, at least once in the year, cause to be re- 
moved from said land all grass, brush, tree-tops, and 
branches of trees, and other inflammable material, 
within one hundred feet of the right of way of any 
railroad company operating thereon ; to the end that 
during the spring and autumn season, as defined in 
the first section of this act, the said area shall be 
free and clear of such inflammable material. In case 
any person, partnership, or corporation shall neglect 
to perform the duty imposed by this section, the same 
shall be liable to a penalty of fifty dollars for failure, 
in any instance, to comply with the duty imposed 
by this section ; to be paid to the county where the 
offense may be committed, recoverable in an action 
of assumpsit, in which the county wherein such vio- 
lation occur shall be the plaintiff. 



GAME, FISH AND FORESTRY LAWS, 



283 



Section 3. Every railroad company shall, on such 
rt of its road as passes through forest land on 
lich there are producing oil-wells or gas-wells, or 
;s erected for drilling siich wells, cut and remove 
)m its right of way through said lands, at least 
ce a year, all grass, brush and other inflammable 
iterials ; employing, in the seasons defined in the 
St section of this act, sufficient trackmen to 
omptly put out fires on its right of way; provide 
lomotiVes thereon with steel netting or iron wire on 
9 smokestacks or other efiicient spark-arresters, to 
event the escape of fire or sparks, and adequate de- 
es to prevent the escepae of fire from ash-pans and 
rnaces, and the same shall be used by every engi- 
er and fireman on such part of its road. No rail- 
ad company, or employe thereof, shall deposit fire, 
als or ashes on its track or right of way near such 
ids. In case of fire on its own or neighboring lands, 
thin one hundred feet of its tracks, the railroad 
mpany shall use all practicable means to put it out. 
case of any violation of the provisions of this sec- 
in, such railroad company shall be answerable to the 
mev or owners of any property destroyed or injured 
fire in consequence of such violation ; and 
id company shall further be liable to a penalty of 
e hundred dollars for such violation, to be paid to 
e county wherein the violation may occur, recover- 
le in ail action of assumpsit in which the county 
lerein such violation occurs shall be the plaintiff. 
Approved— The 12th dav of June, A. D. 1907. 

EDWIN S. STUART. 



Duties of 

railroad 

companies. 



Spark ar- 
resters. 



Violations. 



Penalty. 



AN ACT 

> protect trees growing by the roadsides and within 
the road limits ; and providing a penalty for the 
unlawful killing, removal of, or injury to the same. 

Section 1. Be it enacted, &c.. That where any 
iblic highway in this Commonwealth passes through 
along forested lands, wild lands, or uncultivated 
nds, no trees growing within the limits of the said 
ghway, at a distance beyond fifteen feet on either 
de of the center-line of said highway, which shall 
easure four inches or over in diameter at a point 



1909. 
97. 



P. L. 



Trees within 

hi{?hway 

limits. 

Forested or 
uncultivated 
lands. 



2S4 



GAME, FISH AND FORESTRY LAWS. 



Beyond fif- 
teen feet, 
from center 
line of road. 



Consent of 

abutting 

owner. 



Appeal. 



Hearing. 
Order. 



Proviso. 



Brush, etc. 
Proviso. 



Cultivated 
lands. 



Cutting 
shall be nec- 
essary. 



Notice to 

abutting 

owners. 






two feet from the surface of the ground, shall 
cut down or destroyed by the commissioners, su]j 
visors, or road-masters employed by them, or 
other person, without first obtaining the consen 
the abutting owners. If any board of coramissioi 
or supervisors deem the removal of any such tr 
beyond said limit of fifteen feet on each side of, 
centre-line of said highway, necessary for the impr 
ment of the road, and the consent of the abutlj 
property owners cannot be obtained, the board 
commissioners or supervisors may appeal the ma 
to the judge of the court of the proper district ; -^ 
is hereby directed to examine and inquire into all s 
subjects of dispute which may be referred to him, a 
having due regard for the demand for road irapn 
ment as well as for the preservation of the tn 
shall, after hearing all parties in interest, make s 
order in respect thereof as to him shall appear i 
sonable, equitable, and just; and from whose 
cision there shall be no appeal: Provided, That 
commissioners or supervisors shall at all times h 
the right to clear out brush and other refuse f] 
along the sides of the road, to the legal width thert 
And provided further. That all such clearing and 
moval of brush and refuse shall be confined to gro' 
that is undet the limit hereinabove described, and 
the removal of branches that in any way interfere v 
public travel; and that no other injury, by fire, 
ting, abrasion, or otherwise, shall be done to 
standing timber. 

Section 2. Whenever any public highway runi 
through improved or cultivated lands, in this Comm 
wealth, has been opened, and there shall be grow 
along the roadsides, and within the road limits, shr 
or trees not interfering with public travel, no bo 
of supervisors or road-masters or other persons 
their employ, shall remove, cut, injure, or dest 
or in any other manner interfere with, such shr 
or trees, unless said removal or cutting shall be 
solutely necessary for the purpose of maintaining 
highway at its best and highest efiiciency ; and, th 
not until the abutting property owners shall have 
ceived notice thereof, and an agreement shall h 
been entered into between the local highway auth 
ties and the abutting property owners relating to 
removal, cutting, or interference with said trees, 
the said parties shall be unable to arrive at an ag: 



GAME, FISH AND FORESTRY LAWS. 



285 



it in respect thereto, the same shall be referred 
a judge of the proper court, as aforesaid. Said 
ge shall examine and inquire into the subject of 
troversy, and, in like manner, render his decision, 
provided for in section one of this act ; and from 
ich decision there shall be no appeal, 
ection 3. All logs, cord wood, branch wood, or 
er forms of wood, which shall be derived from 

destruction or removal of any trees growing along 

public highways of this Commonwealth, as afore- 
3, shall be surrendered to, and remain the prop- 
r of, the respective abutting owners, 
ection 4. Nothing in this act shall be so construed 
to prevent the local highway authorities, anywhere 
this Commonwealth, from removing such roadside 
8s which may be thrown down by the wind, or 

ed in such position as to be a menace to public 
vel, or which, by reason of any other cause, be- 
le a source of danger to the public and ought to 

removed ; but every such act of removal on the 
t of the highway authorities shall always be made 
h due regard to the circumstances in such case, so 

to preserve the true intent and purpose of this 



Appeal. 



Decision. 



Logs, cord- 
wood, etc. 



Windfalls, 
etc. 



Menace to 
travel. 



ection 5. The term "highway authorities" in this 
shall be construed to mean any person who, by 
' shall be vested with the power to deal in any 
nner with the public highways of this Common- 
alth, and shall include the officials of the State 
;hway Department, supervisors, road-masters, and 
persons employed by them in any capacity, or who 
rcise any authority over said roads or highways, 
ection 6. If any commissioner, supervisor, road- 
ster, or person in their employ, or any other per- 
shall cut down, kill, or injure any living tree, 
'Wmg as aforesaid, and of a size four inches in di- 
eter, or greater, at a point two feet from the sur- 
e of the ground, or shall violate any other pro- 
ion of this act, he shall be guilty of a rnisdemeanor, 
J, upon conviction thereof, shall be subject to a 
lalty of not more than five dollars for every tree 
cut, injured, or destroyed, with costs of suit; to be 
•overed in an appropriate action to be brought be- 
e any magistrate, alderman, or justice of the peace 
the county wherein the said offense was committed, 
0, upon affidavit of any person, duly presented, is 
?eby authorized and directed to issue his warrant 



' 'Highway 

authorities' 

construed. 



Violations. 



Misde- 
meanor. 



Fine. 



286 



GAME, FISH AND FORESTRY LAWS. 



Hearing. 



Commit- 
ment. 



Repeal. 



1909. 

124. 



P. L. 



Whereas. 



to any person empowered to make arrests, direct 
him to arrest the person so charged. The said ma; 
trate, alderman, or justice of the peace shall, the 
upon, proceed to hear both the complainant and i 
defendant and their witnesses, and shall forthwith ! 
cide as to him shall appear to be just and right, 
any defendant upon conviction for any offense si 
fail or refuse to pay the fine and costs which n 
be imposed upon him, or shall not give bond w 
approved surety to itpay the same within ten da 
he shall be committed to the jail of the county wher 
the offense was committed, there to remain for 
period not to exceed thirty days, or until he sh? 
in the meantime, have paid the said fine and ccj 
in full. ■ 

Section 7. All acts or parts of acts in conflict he 
with be and the same are hereby repealed. 

Approved— The 1st day of April, A. D. 1909. 

EDWIN S. STUART 



AN ACT 

To permit the acquisition of forest or other suits 
lands by municipalities, for the purpose of est 
lishing municipal forests ; and providing for 
administration, maintenance, protection, and 
velopment of such forests. 

Whereas, It has been demonstrated by time and 
perience in the countries of continental Europe t 
properly managed municipal forests have proved to 
important sources of municipal revenue, tend 
greatly to reduce the burden of municipal taxatl< 
and 

Whereas, Many of the townships, boroughs, 
cities of this Commonwealth are so located that 
would be proper and exnedient for them to poss 
tracts of land to be used for the purposes of munici 
forests, in many instances conserving and protect 
the water supply and promoting the healthfulness 
said municipality, and capable, as well, of yield 
revenue applicable to the purposes of such munieip 
ties; therefore: — 



GAME, FISH AND FORESTRY LAWS. 



287 



Section 1. Be it enacted, &c., That all townships 
of the first class, boroughs, and cities of this Com- 
monwealth are hereby empowered to acquire, by pur- 
chase, gift, or lease, and hold as the property of the 
municipality, tracts of lands at present covered with 
forest or tree growth, or suitable for the growth of 
trees, and to administer the same, under the direction 
of the Commissioner of Forestry of the Commonwealth 
of Pennsylvania, in accordance with the practices and 
principles of scientific forestry, for the benefit and ad- 
vantage of the said municipalities. Such tracts may 
be of any size suitable for the purpose, and may be 
located either within, adjaceut to, or at a distance 
from the corporate limits of the municipality pur- 
chasing the same: Provided, That it shall be requisite 
for the commissioners, burgess, or mayor of any mu- 
nicipality, availing itself of the provisions of this act, 
to submit to the Commissioner of Forestry, and se- 
cure his approval of, the area and location of any 
lands proposed to be acquired for the purposes of 
municipal forests, previous to the passage of the ordi- 
nance provided for in section two. 

Section 2. Whenever the township commissioners 
of any township of the first clas, or the councils of 
any borough or city, shall deem it expedient for the 
municipality to acquire any such lands for the pur- 
poses of a municipal forest, they shall so declare in 
an ordinance, wherein shall be set forth all facts and 
conditions relating to the proposed action ; which said 
proposed ordinance, prior to its passage, shall be duly 
advertised once a week for three weeks, and, after 
its passage and approval, in accordance with exist- 
ing law. All money necessary for the purchase of 
such tracts shall be appropriated in like manner as 
is now done, under existing law, for municipal pur- 
poses ; and such funds may be provided out of current 
revenue, or by the proceeds of a sale of bonds, in 
accordance with existing law. 

Section 3. Upon the acquisition of any municipal 
forests or of lands suitable for such, under this act, 
the proper authorities shall notify the Commissioner 
of Forestry, who shall make such rules for the govern- 
ment and proper administration of the same as may 
be necessary. The municipal authorities shall there- 
upon publish such rules, declare the uses of the forests 
in accord wtih the true intent of tM6 act, and make 



Municipal 
forests. 

Acquire- 
ment and 
holding of. 



Size and 
location. 



Approval of 
Commis- 
sioner. 



Ordinance. 

Facts and 
conditions. 



Advertise- 
ment. 



Appropria- 
tion. 



Bonds. 



Acquisition 
of forest 
or land. 



Rules. 



Publica- 
tion of. 



288 



GAME, FISH AND FORESTRY LAWS 



Maiute- 
11 r, nee. etc. 



etc. 



Parks. 



.Mmiic-ipal 
reveaue. 



Alienation. 



Popular 
vote. 



such provision for its administration, maintenance, 
protection, and development as shall be necessary or 
expedient. 

Section 4. All moneys necessary to be expended, 
from time to time, for the administration, mainte- 
nance, protection, and development of said forest, 
shall be appropriated and applied as is now done, 
under existing law, for municipal purposes; and all 
revenue and emoluments arising from said forest shall 
be paid into the municipal treasury, to be used for 
general municipal purposes. 

Section 5. The municipal forest may be used by 
the people for general outing or recreation grounds, 
subject to the rules governing its administration for 
the purpose of a municipal forest, in which the major 
idea shall be the sale of forest products for producing 
a continuing municipal revenue. 

Section 6. The alienation of a municipal forest, or 
any part thereof, shall be made only in the manner 
prescribed herein for the purchase of the same; to 
wit, by ordinance duly advertised before and after 
passage, but such ordinance shall not be effective in 
legalizing such alienation until after it shall have been 
approved by a majority vote of the people at the 
next ensuing election. 

Approved— The 22d day of April, A. D. 1909. 

EDWIN S. STUART. 



AN ACT 



l:!C9. P. L. 



Relating to the granting of titles by the Common- 
'''^- wealth of Pennsylvania to vacant or unappropriated 

land, the price to be paid for the same, the con- 
veyance to the State Forestry Reservation Commis- 
sion, where desirable for forest culture or forest 
preservation, preventing the granting of warrants 
for the beds of navigable rivers, and providing for 
acceptance of returns of surveys without limitation 
as to excess or surplus. 

Lands, va- Section 1. Be it enacted, &c.. That whenever am 

caut or un- application shall be made to the Secretary of Internal 
ajipropn- Affairs for any vacant or unappropriated land, of any 

kind or description whatsoever, it shall be the duty 



ated. 



GAME, FISH. AND FORESTRY LAWS. 



289 



of the Secretary of Internal Affairs to make or cause 
to be made a careful investigation concerning the 
land applied for in said application, with a view of 
determining, so far as practicable, whether any office 
rights have heretofore been granted for the land de- 
scribed in said application; and he may also, at his 
discretion, cause a su/vey to be made thereof, to as- 
certain whether such land is vacant or unappropri- 
ated and if it shall be found that the land described 
in said application has heretofore been appropriated, 
or that it is not vacant or unappropriated land, he 
shall make a report to that effect, which report, to- 
gether with others relating to the proceedings in the 
case, shall be filed among the records of the Land 
Office, and shall be conclusive as to the question of 
vacancy: Provided, however. That the applicant 
shall be entitled to an appeal to the Board of Prop- 
erty under such rules as said Board of Property may 
adopt. 

If, in the opinion of the Secretary of Internal 
Affairs, the land applied for shall be vacant or un- 
appropriated, it shall be the duty of the Governor of 
the Commonwealth, the Attorney General, the Sec- 
retary of the Commonwealth, and the Secretary of 
Internal Aff'airs to appoint three disinterested repu- 
table persons to estimate and value the land so ap- 
plied for, who shall, before they enter upon the 
duties of their appointment, take an oath or affirma- 
tion, before a justice of the peace or other officer hav- 
ing authority to administer an oath, that they will 
justly estimate and a true valuation per acre make 
of all the land contained in the tract applied for; 
and, also, they shall state that they are not directly 
or indirectly interested in the application for the land 
applied for. 

The persons thus appointed and sworn or affirmed 
shall proceed to value the land by going on the same, 
and, having regard to the soil, timber, fisheries, 
minerals, other advantages, and the local situation 
thereof, and, having agreed upon the valuation per 
acre of the land so applied for, shall certify the 
same, under their hands, directed to the Secretary 
of Internal Affairs ; and in case they refuse or neglect 
to perform any of their duties as aforesaid, within 
ninety days from the date of their appointment, then 
said appointment shall become null and void; and it 
shall be the duty of the Governor of the Common- 



Duty of 
Secretary of 
Internal 
Affairs. 



Survey. 
Report- 



Proviso. 
Appeal. 



Appraisers. 



Valuation. 



Certificate 
of value. 



In case of 
refusal or 
neglect. 



19 



290 



GAME, FISH AND FORESTRY LAWS, 



Other ap- 
oraisers. 



Report. 



Request for 
payment. 



Proviso. 



State For- 
estry Reser- 
vation Com- 
mission 
shall have 
notice. 



Report. 



Warrant 
and patent. 



wealth, the Attorney General, the Secretary of the 
Commonwealth, and the Secretary of Internal Affairs 
to appoint three other persons to estimate the lands, 
as hereinbefore provided. Upon the receipt of the 
report of the appraisers, the Secretary of Internal 
Affairs shall notify the applicant of the value given 
to the land so applied for, and shall request pay- 
ment of the amount due the State by virtue of such 
appraisement, and until such payment is made, ac- 
cording to the price hxed by the said appraisers and 
within the time hereinafter specified, the Secretary of 
Internal Affairs shall withhold the granting of the 
warrant. 

If payment is made in accordance with such ap- 
praisement, the money so paid shall be immediately 
turned into the State Treasury, and the Secretary 
of Internal Affairs shall grant title to the applicant 
for the land so applied for and appraised, in the 
manner now provided by law, and the expenses inci- 
dent to the investigation, survey, and appraisement 
shall be paid by the Commonwealth: Provided fur- 
ther. That before appraisers shall be appointed as 
herein stipulated it shall be the duty of the Secretary 
of Internal Affairs to submit to the State Forestry 
Reservation Commission a copy of the application 
made for said vacant or unappropriated land, together 
with a description thereof as ascertained through said 
investigation and survey; whereupon it shall be the 
duty of the said State Forestry Reservation Commis- 
sion to determine whether it is desirable or practic- 
able that such vacant or unappropriated land should 
be acquired for forest culture or forest reservation; 
and said State Forestry Reservation Commission 
shall, within the period of two months, make report 
to the Secretary of Internal Affairs as to the desir- 
ability or practicability of securing such vacant or 
unappropriated land for forest culture or forest reser- 
vation, and if in said report a request shall be made 
for the conveyance of such vacant or unappropriated 
land to the State Forestry Reservation Commission, 
it shall be the duty of the Secretary of Internal Affairs 
to grant a warrant and patent, according to the 
usual custom of the Land office Bureau, conveying 
such vacant or unappropriated land to the State For- 
estry Commission, without the payment of any pur- 
chase money, interest, or fees. 



GAME, FISH AND FORESTRY LAWS. 



291 



Section 2. That whenever such vacant or unap- 
propriated land shall not be conveyed to the State 
Forestry Reservation Commission, as provided in the 
first section of this act, it shall be the duty of the 
person or persons making application, as aforesaid, 
for such land, to pay the amount of money as fixed 
by the appraisement into the office of the Department 
of Internal Affairs within three months from the date 
of the filing; of the report of the appraisers in the 
Department of Internal Affairs, due notice of which 
shall be mailed to the applicant by the Secretary of 
Internal Affairs; and if such applicant shall not make 
payment within the time specified, he shall be deemed 
to have abandoned the purpose of securing a grant 
from the Commonwealth for the land so applied for 
and appraised, and such vacant or unappropriated 
land may then be disposed of to any applicant there- 
for, on the payment of the price as fixed by the report 
of the appraisers as hereinbefore provided: Provided 
however. That in cases where caveats are filed and 
pending before the Board of Property, the time shall 
be extended to cover their determination by that 
board. 

Section 3. That on and after the passage of this 
act, there shall be no warrants or other office rights 
granted in any of the counties of the Commonwealth 
for lands in the beds of navigable rivers, or in beds 
of streams which are by law declared public highways. 

Section 4. That whenever the State Forestry 
Reservation Commission shall apply for vacant or un- 
appropriated land for forest culture or forest reserva- 
tion, the Secretary of Internal Affairs is hereby au- 
thorized to grunt title to such applied for lands in 
the manner provided by law, without the payment 
of purchase money, interest, or fees. 

Section 5. This act shall not be construed to affect 
any pre-emption rights which may have been acquired 
under existing laws, or the right of any person who 
may have an application for vacant land pending with 
the Secretary of Internal Affairs, of the date of the 
approval of this act. 

Section 6. That the Secretary of Internal Affairs 
is hereby authorized and empowered to accept any 
and all surveys, regularly made and returned to the 
Department of Internal Affairs, in pursuance of any 
warrant, location, actual settlement, or order <if sur- 



Xon-pay- 
ment of val- 
uation. 



Proviso. 



Beds of 
navigable 
rivers, etc. 



Application 
by Forestry 
Commission. 



Pre-emption 
rights. 



Surveys. 



292 



GAME, FISH AND FORESTRY LAWS. 



Excess or 
surplus. 

Proviso. 

Payment > 

purchase 

money. 



Proviso. 



Prior war- 
rant, etc. 

Act of 
March 28. 
1905. cited 
for repeal. 



Repeal. 



vey, without limitation as to the quantity of excess 
or surplus over the amount specified in the warrant 
or application: Provided, That the purchase money 
and interest on such excess be paid into the State 
Treasury at the rate stipulated in the warrant, or as 
otherwise required by law, prior to the acceptance of 
the return of survey and issuance of a patent thereon: 
And provided further, That no acceptance of a return 
of survey shall, in any case, prejudice or affect the 
right or title of any other person in or to such excess 
or surplus land by virtue of a prior warrant, location, 
actual settlement, or order of survey thereon. 

Section 7. The act of Assembly, entitled "An act 
relating to the granting of titles by the Commonwealth 
to vacant or unappropriated land, the price to be 
paid for the same, the conveyance to the State For- 
estry Reservation Commission where desirable for 
forest culture or forest preservation, and preventing 
the granting of warrants for the beds of navigable 
rivers," approved the twenty-eighth day of March, 
Anno Domini one thousand nine hundred and five, is 
hereby repealed; and all other acts, or parts of acts 
inconsistent with the provisions of this act, are also 
hereby repealed. 

Approved— The 3d day of May, A. D. 1909. 

EDWIN S. STUART. 



190'9, 
744. 



Preamble. 



Preamble. 



AN ACT 

L. Providing a fixed charge on lands acquired by the 
State for forest reserves, and the distribution of the 
same for school purposes in the townships and bor- 
oughs wherein State reserves are located. 

Whereas, The Commonwealth of Pennsylvania is 
acquiring large tracts of land in its several counties 
for the purpose of establishing forest reserves, which 
lands are exempt from taxation ; and 

Whereas, Because of such exemption, the several 
school districts within which said reserves are located 
lose the revenue secured from prior taxation, thus 
working a hardship upon the citizens of said districts ; 
therefore, 

Section 1. Be it enacted, &c., That from and 
after the passage of this act, all lands now acquired 
or hereafter to be acquired by the Commonwealth for 



GAME, FISH AND FORESTRY LAWS. 203 

forest reserves, and which by existing law are now 
exempt from taxation, shall be subject to an annual Annual 
charge of two cents per acre for the benefit of the ctiarge. 
schools in the respective districts in which said re- 
serves are located: Provided, That no school district 
shall be entitled to receive any sum of money from 
the State, under this act, unless said school district 
shall levy and collect a tax, for the support of its 
schools, of not less than four mills on the dollar of 
the assessed valuation of property in said school dis- 
trict . 

Secti'~>n 2. The Commissioner of Forestry shall cer- 
tify tu the respective school districts througout the 
Commonwealth in which forest reserves are located, 
and to the State Treasurer, the number of acres 
owned by the Commonwealth therein, for forest re- 
serve purposes, and the amount of the charge in favor 
of each district. The Commissioner of Forestry shall 
draw his warrant in favor of the treasurer of each of How pay- 
said school districts, which said warrants, after the able, 
approval and counter signature of the Auditor General 
of the Commonwealth, shall be paid by the State 
Treasurer to the respective school districts in whose 
favor the same may be so drawn ; and the sum of 
forty thousand dollars, or so much thereof as may 
be necessary, be and the same is hereby specifically 
appropriated, for the purposes of this act, for the 
two fiscal years beginning June first, one thousand 
nine hundred and nine. 

Section 3. That all acts or parts of acts incon- 
sistent herewith be and the same are hereby repealed. 

Approved the 13th day of May, A. D. 1909. 

EDWIN S. STUART. 



AN ACT 

To protect the State Forest Reserves, and providing i^ii' P- l. 
punishment for the violation thereof. 

Section 1. Be it enacted, &c.. That if any person Forest 

shall wilfully, negligently or maliciously kindle a i<<-^serves. 
fire upon or within any of the Forest Reserves of this 
Commonwealth, cause a fire to burn thereon except 

in accord with such rules as may be prescribed by the i^indiing of 

Department of Forestry; or shall wilfully, negligently Q,.e upon or 

or maliciously set fire upon adjacent lands, which within. 



294 



GAME, FISH AND FORESTRY LAWS, 



Penalty. 



Injury, de- 
struction or 
removal of 

trees. 



Penalty. 



Mutilation, 
destruction, 
etc., oi: rules 
or notices. 



Penalty. 



Disposition 
of fines. 



"Person" 
defined. 



fire shall be communicated to the State Forest Re- 
serves ; such person shall be guilty of a misdemeanor, 
and upon conviction thereof be subject to a fine not ex- 
ceeding one thousand dollars for each offense, or 
imprisonment not exceeding six months, either or 
both, at the discretion of the court, together with 
costs of suit. 

Section 2. If any person, without the consent of 
the Commonwealth or any of her agents, shall wil- 
fully, negligently or maliciously cut bark from, or 
cut down, injure, destroy or remove a tree or trees 
on any forest reserve of this Commonwealth, or shall 
wilfully, negligently or maliciously do or cause to 
be done any other act to the damage of said reserve, 
or the trees growing therein, such person shall be 
guilty of a misdemeanor, and upon conviction thereof 
shall be subject to a fine not exceeding five hundred 
dollars for each offense, or imprisonment not exceed- 
ing three months, either or both, at the discretion of 
the court, with costs of suit. 

Section 3. If any person shall wilfully, negli- 
gently or maliciously violate any of the rules made 
for the government of the State Forest Reserves, 
or shall cut, tear down, deface, or otherwise muti- 
late, injure or destroy, any of the copies of the rules 
or other notices relating to forest administration, 
which may be posted therein by the Department of 
Forestry or any of its officers or agents, such person 
shall be guilty of a misdemeanor, and upon conviction 
thereof shall be subject to a fine not exceeding one 
hundred dollars for each offense, or imprisonment not 
exceeding thirty days, either or both, at the discretion 
of the court, with costs of suit: Provided, That no 
conviction shall be had for any act committed in 
violation of this section unless it shall affirmatively 
appear that copies of such rules or notices were 
promiently posted in, upon or about said Forest 
Reserves . 

Section 4. All fines collected for the violation of 
any of the provisions of this act shall be paid to 
the Commissioner of Forestry, who shall pay the 
same to the State Treasurer, for the use of the 
Commonwealth . 

Section 5. The term "person," as used in this 
act, shall include not only individuals, or natural 
persons, but, as well, artificial person, existing only 



GAME, FISH AND FORESTRY LAWS. 



295 



in contemplation of law ; and shall be construed to 
mean partnerships, limited partnel^ships , joint stock 
companies, and corporations, and the officers, agents 
and employes of the same. 

Section 6. All acts or parts of acts inconsistent 
herewith are hereby repealed. 

Approved— The 5th day of May, A. D. 1911. 

JOHN K. TENER. 



Repeal. 



AN ACT 

Empowerinsr the United States of America to ac- 
quire land in the State of Pennsylvania for Na- 
tional Forest Reserves, by purchase or by con- 
demnation proceedings ; and granting to the United 
States of America all rights necessary for control 
and regulation of such reserves. 

Section 1. Be it enacted, &c.. That the United 
States of America is hereby empowered to acquire 
by purchase, or by making adequate compensation 
under condemnation proceedings, such lands in Penn- 
sylvania as in the opinion of the Federal Government 
may be needed for the establishment of National For- 
est Reserves in this State, in accordance with an act 
of Congress, entitled "An act to enable any State to 
cooperate v/ith any other State or States, or with the 
United States, for the protection of the watersheds of 
navigable streams, and to appoint a commission for 
the acquisition of lands for the purpose of conserving 
the navigability of navigable rivers," approved the 
first day of March, one thousand nine hundred and 
eleven: Provided, That the approval of the State 
Forestry Reservation Commission and the Water Sup- 
ply Commission shall be first had and obtained: Pro- 
vided further. That if at any time in the future, after 
the establishment by the Federal Government of such 
National Forest Reserves in the Commonwealth of 
Pennsylvania, the Commonwealth shall desire to re- 
sume complete ownership and control over snid lands, 
it may do so by appropriate legislative action, pro- 
viding therein for the repayment to the United States 
of America of all moneys which may have been spent 
in acquiring lands the ownership of which is to be re- 
sumed, and interest thereon at the rate of two per 



1911, P. L. 
271. 



National 
Forest Re- 
serves. 

The United 
States em- 
powered to 
acquire land. 



Proviso. 

Approval. 

Proviso. 



Resumption 
of control by 
the State. 



296 



GAME, FISH AND FORESTRY LAWS 



Concurrent 
jurisdiction. 



United 
States laws. 



Proviso. 



State Forest 
Reserves. 



Act con- 
strued. 



centum per annum: And provided further, That the 
Commonwealth of Pennsylvania shall retain a con- 
current jurisdiction with the United States in and 
over such lands, so far that civil process, in all 
cases, and such criminal process as may issue under 
the authority of the Commonwealth of Pennsylvania 
against any person charged with the commission of 
any crime, without or within said jurisdiction, may 
be executed thereon in like manner as if this act 
had not been passed. 

Section 2. That the said United States of America 
is hereby empowered to pass such laws as it may 
deem necessary to the acquisition of land in Penn- 
sylvania, as hereinbefore provided, and for incorpo- 
ration of such land into said National Forest Re- 
serves, as in the opinion of the Federal Government 
may be needed for this purpose. 

Section 3. That the said United States of Amer- 
ica is hereby empowered to pass such laws, and 
to make or provide for the making of such rules, 
of both a civil and criminal nature, and provide 
punishment for the violation thereof, as in its judg- 
ment may be necessary for the management, control, 
and protection of such lands acquired from time to 
time by the United States of America under the pro- 
visions of this act: Provided, however. That the 
authority hereby given shall be subject to all the con- 
ditions and stipulations and reservations contained in 
this act. 

Section 4. That this act shall not confer power 
to condemn land now held or hereafter to be ac- 
quired by Pennsylvania as and for a State ITorest 
Reserve. 

Section 5. Nothing in this act shall be construed 
to repeal or invalidate or in any way affect the pro- 
visions of an act of Assembly, approved the twenty- 
second day of April, one thousand nine hundred and 
five, entitled "An act to preserve the purity of the 
waters of the State, for the protection of the public 
health," or the provision of an act, approved the 
twenty-seventh day of April, one thousand nine hun- 
dred and five, entitled "An act creating a Depart- 
ment of Health, and defining its powers and duties," 
or the provisions of an act, approved the fourteenth 
day of May, Anno Domini one thousand nine hundred 
and nine, entitled "An act to safeguard human life 



GAME, FISH AND FORESTRY LAWS. 



297 



and health throughout the Commonwealth by provid- 
ing regulations for the control of certain communicable 
diseases and the prevention of infection therefrom, 
and prescribing penalties for the violation of said 
regulations." 
Approved— The 11th day of May, A. D. 1911. 

JOHN K. TENER 



AN ACT 

For the protection of shade- and fruit-trees grow- 1911, P. l. 
ing on or along any highway, street, or road. 679. 

Section 1. Be it enacted, &c.. That any person t^^^^^s. 
who shall wilfully and maliciously club, stone, cut, 
break, climb upon, injure, or destroy any shade-tree 
or any fruit-tree, growing on or along any street, 
road, or other highway, shal] be guilty of a misde- 
meanor; and upon conviction thereof, before any al- 
derman, magistrate, or justice of the peace, shall 
be sentenced to pay a fine not exceeding ten dollars, 
or to undergo an imprisonment in the jail of the 
proper county not exceeding five days, or both, at the 
discretion of the alderman, magistrate, or justice. 

Approved — The 7th day of June, A. D. 1911. 

JOHN K. TENER 



Wilful aud 
malicious in- 
jury. 



Penalty. 



Trees and 
woodlands 



AN ACT 

To protect trees and woodlands, and providing pun- I9ii, P. L. 
ishment for the violation thereof. ^^^• 

Section 1. Be it enacted, &c.. That if any person 
shall wilfully, negligently, or maliciously set on 
fire, or cause to be set on fire, any woodlands within 
this Commonwealth, or shall directly or indirectly, 
without the consent of the owner, cause fire to burn 
therein; or shall wilfully, negligently, or maliciously 
set fire upon adjacent lands, which fire shall be com- 
municated to woodlands ; such person shall be guilty 
of a misdemeanor, and on conviction thereof be fined 
not^ exceeding one thousand dollars for each offense, 
or imprisonment not exceeding six months, either or 
both, at the discretion of the court, together with 
costs of suit. 



GAME, FISH AND FORESTRY LAWS 



Injury, de- 
struction or 
removal of 
trees. 



Penalty. 



Unlawful 
purchase, 
etc. 



Penalty. 



Double 
damages. 



Treble 
damages. 



Eetaking of 
property. 



Section 2. If any person shall wilfully, negli- 
gently, or maliciously cut bark from, or cut down, in- 
jure, destroy, or remove a tree or trees growing or 
standing upon the land of another, without the con- 
sent of the owner; or shall wilfully, negligently, or 
malicously do or cause to be done any other act to 
the damage of said land or the trees growing thereon ; 
such person shall be guilty of a misdemeanor, and on 
conviction thereof shall be fined not exceeding five 
hundred dollars for each offense, or imprisoned not 
exceeding three months, either or both, at the dis- 
cretion of the court, together with costs of suit. 

Section 3. If any person shall purchase or re- 
ceive a tree or trees, knowing the same to have 
been cut or removed without the consent of the 
owner thereof; or shall purchase or receive any 
logs, planks, boards, staves, shingles, or other lum- 
ber, made from such trees so cut or removed, and 
knowing the same to have been so cut and made, 
without such consent ; such person shall be guilty of 
a misdemeanor, and upon the conviction thereof shall 
be subject to the punishment provided in section two 
of this act. 

Section 4. If any person shall wilfully, negli- 
gently or maliciously cut down or fell, or employ any 
person to cut down or fell, a tree or trees growing 
upon the land of another, without the consent of the 
owner, such person shall be liable to pay to the owner 
double the value of such trees so cut down or felled, 
and in case of the removal from the land where grown, 
and the conversion thereof, treble the value, to be 
recovered in an appropriate action, with costs of 
suit ; and no prosecution under any other section 
of this act shall be a bar to the recovery of damages 
under this section; and, in addition to the remedy 
for recovery of damages herein provided, the owner of 
such trees may follow the same and retake them from 
the possession of any person, and wheresoever they may 
be identified and found; as well as, in the same man- 
ner, retake all material into which said trees may 
have been converted, wherever the same may be iden- 
tified and found ; and without any liability on the part 
of said owner for the retaking of his own property 
and restoring the same to his own possession. If the 
person in whose possession such trees or materials 
may be found shall refuse to surrender or deliver the 



GAME, FISH AND FORESTRY LAWS. 



299 



same to the owner thereof, after due proof of owner- 
ship shall have been made, such person shall be 
equally guilty of misdemeanor, and upon conviction 
thereof subject to the punishment provided in section 
two of this act. 

Section 5. The term "person" as used in this, act, 
shall include not only individuals or natural per- 
sons, but as v/ell artificial persons, existing only 
in contemplation of law, and shall be construed to 
mean partnerships, limited partnerships, joint stock 
companies and corporations, and the officers, agents, 
and employes of the same. 

Section 6. The term "woodlands," in this act, is 
intended to include, and shall be construed to mean, 
woods, farmers' v/oodlots, marshes, moors, brush, 
barrens, brush lands, and wild unseated uncultivated 
land. 

Section 7. All fines which shall be collected or 
paid under this act shall be remitted at once to the 
treasurer of the county wherein the same shall be 
collected or paid, to become a part of the general 
fund of the county. 

Section S. Ail acts or parts of acts inconsistent 
herewith are hereby repealed. 

Approved— The 9th day of June, A. D. 1911. 

JOHN K. TENER. 



Penalty, 



"Person' 
defined. 



"Wood- 
lands" 
defined. 



Fines. 



Repeal. 



AN ACT 

Authorizing the Department of Forestry to lease 
portions of the State Forest for church, school, 
health, and recreation purposes. 

Section 1. Be it enacted, &c.. That the Depart- 
ment of Forestry is hereby authorized to lease, 
for a period not exceeding -ten years, on such terms 
and conditions as it may consider reasonable, to any 
citizen, church, organization, or school board of 
Pennsylvania, such portion of the State Forest as 
the department may deem suitable, as a site for a 
temporary building to be used by such citizen or family 
for health and recreation, or as a site for church 
or school purposes 



1913, P. 

12. 



Forest 
reserves. 

Lease of 
sites for 
temporary 
buildings. 



300 GAME, FISH AND FORESTRY LAWS. 

Kents. Section 2. The receipts from such leasing shall be 

paid into the State Treasury. Eighty per centum 
thereof, so paid in, shall constitute a part of the 
State school fund of Pennsylvania.* 
Approved— The 27th day of March, A. D. 1913. 

JOHN K. TENER. 



1913. 

426. 



Auxiliary- 
forest 
reserves. 

Classifica- 
tion, etc. 



Notice of 
owner. 



AN ACT 

To classify certain surface lands as auxiliary forest 
reserves ; to prescribe the terms and conditions for 
their continuance in said classification, or their 
withdrawal therefrom ; and to provide for the ex- 
penses attendant thereon. 

Section 1. Be it enacted, &c.. That in order to en- 
courage the growing of such trees, now existing or 
hereafter produced, as will at the proper age be suit- 
able for merchantable forest products, whether such 
be of natural reproduction or from seed sown, or trees 
planted out, or all combined, all surface land which 
may be set apart according to the provisions of this 
act, and exclusively used for growing such trees, is 
hereby constituted a separate and distinct class of 
land, to be known as auxiliary forest reserves. 

Section 2. When any owner of surface land desires 
to have such land placed in the class established by 
section one of this act, such owner shall notify the 
State Forestry Reservation Commission of his desire 
in manner and form to be prescribed by said commis- 
sion. Said notice shall contain a description of the 
land, its location, boundary, area, and character, and 
shall state as far as practicable the species, character, 
and condition of the trees growing thereon, and 
whether they are of natural reproduction or are 
from seed sown for the purpose, or have been set out 
on said land, or all combined, and such other informa- 
tion as the commission may require. If, upon receipt 
and consideration of this notice, the commission shall, 
in its discretion, deem the conditions such as to war- 
rant action on its part to determine whether such 
land should rightfully be placed in the class estab- 

*By amendment to the School Code. Section 2701 and Section 
2707, approved June 4, 1915, infra page 325, all receipts from 
State lauds are paid into the State Scliool Fund of Pennsyl- 
vania. 



GAME, FISH AND FORESTRY LAWS. 



301 



lished by section one of this act, it shall cause 
the same to be examined by some person learned in 
the practice and principles of forestry, and a report 
made thereon, and if, upon receipt and consideration 
of such report, it decides that such land should be 
placed in the class established by section one of this 
act, it shall so declare and certify to the commis- 
sioners of the county in which said land is located. 

Section 3. Upon receipt by the county commission- 
ers of such certificate of the commission it shall be 
their duty at once to place said surface land in the 
class established by section one of this act, and keep 
the same therein until the trees groAving thereon shall, 
in the judgment of the commission, become sufficiently 
large and suitable for merchantable forest products, 
or the land be devoted to other purposes: Provided, 
however. That the certificate of the commission shall 
not become operative to place said surface land in the 
class established by section one of this act until the 
owner of said surface land has agreed, in writing, with 
the commission to care for the trees growing thereon, 
according to the instructions and directions of the 
commission, up to such time as such trees become 
suitable for merchantable forest products; and if any 
such owner at any time fails to care for the trees 
growing on said land as agreed with the commis- 
sion, and due proof thereof is made, the commission 
may remove said surface land from the class estab- 
lished by section one of this act. In case of such 
removal, either through failure of the owner to care 
for the trees or on his expressed desire for removal 
before the trees shall have been cut at maturity and 
tax paid thereon, the county commissioners shall, 
on notice from the commission, proceed to recover 
from said owner, for the use of the county and 
township, by an appropriate action at law if neces- 
sary, the difference in the amount of tax which 
would have been paid by the said owner at the rates 
established for the years for which recovery is sought 
and the rate provided for auxiliary forest reserves, 
with costs of suit, to be recoverable from the time 
when such land was placed in the class of auxil- 
iary forest reserves. And the commission shall re- 
move said surface land from the class established by 
section one of this act at_ any time that the then 
owner shall, in writing, notify the commission that he 
desires such removal. The commission may, in its 



Examina- 
tion. 

iSeport. 



Duty of 
county couj- 
missioners. 



Proviso. 



Agreement. 



Failure to 
care for 
trees. 



Romoval 
from classifi- 
cation. 



Recovery of 
tax. 



302 



GAME, FISH AND FORESTRY LAWS. 



Owner to file 
bond. 



Cutting of 
timber. 



Removal and 
marketing. 



Replanting, 
etc. 



Expenses, 



Right of 
owner. 



discretion, at the time said surface land is placed 
in the class established by section one of this act, 
require the owner to file with the commission his 
or its bond, of such kind and amount as the com- 
mission shall deem reasonable and sufficient to se- 
cure the obligations of such owner under this act. 

Section 4. Whenever trees growing on said surface 
land have become suitable for merchantable forest 
products, the commission shall, at the request of the 
owner or on its own motion, make an examination of 
said land, and designate for the owner the kind and 
number of trees most suitable to be cut, if, in the 
judgment of the commission, there be any, and the 
cutting and removal of said trees so designated shall 
be in accordance with the instructions of the com- 
mission . 

Section 5. If the owner of said surface land faith- 
fully carries out the instructions of the commission 
with regard to the removal and marketing of such ma- 
ture or other trees, as may be designated in the in- 
structions of the said commission, and shall im- 
mediately replant other trees of valuable species, or so 
protect the young growth that the said land may im- 
mediately become covered with young forest growth, 
and does so with the approval of the commission, then 
such surface land shall remain in the said class, es- 
tablished by section one of this act; otherwise, the 
commission shall notify the county commissioners that 
the said land is not being maintained in accordance 
with the written agreement of the owner and the in- 
structions of the commission, in which event the 
county commissioners shall immediately remove said 
land from the class established by section one of this 
act. All expenses attendant upon the examination 
of the said surface land by the commission shall be 
paid for out of the moneys appropriated for the 
maintenance of the Department of Forestry, in like 
manner as other expenses for maintenance of said 
department are now paid. 

Section 6. The owner of the said auxiliary forest 
reserves shall, at all times, have the right to remove 
therefrom trees, or portions of trees, which may be 
killed by fire, thrown or broken by the wind, or in- 
jured by other natural causes; and shall, under the 
direction of the commission, be privileged to make 
necessary thinnings or removal of undesirable species 
of trees, in order to improve the condition of the 



GAME, FISH AND FORESTRY LAWS, 



303 



remaining trees; and, under the same direction, may 
be privileged to remove therefrom such timber, from 
time to time, as may be necessary and essential for 
use upon the neighboring cleared lands of the said 
owner, for general farm purposes. 

Section 7. Any tract of land while remaining in 
the class of auxiliary forest reserves as above pro- 
vided, may, nevertheless, be sold or incumbered by Sale or in- 
or through the owner thereof, but no sale or in- cumbrance. 
cumbrance, whether voluntary by the owner or in- 
voluntary under any statutory or judicial proceeding 
whatsoever, whether of any State or of the United 
States, shall effect a discharge of any obligation 
imposed under this act, and said land shall be 
removed from said class only in accordance Avith the 
provisions hereof. 

Section 8. That all acts or parts of acts inco^^- Repeal, 
sistent herewith be and the same are hereby repealed. 

Approved— The 5th day of June. A. D. 1913. 

JOHN K. TENER. 



AN ACT 



To provide for the assessment and taxation of auxil- 
iary forest reserves, and the collection, distribution 
and use of the taxes collected therefrom. 

Section 1. Be it enacted, &c., That all surface 
land which may hereafter be classified and set apart as 
auxiliary forest reserves, in the manner provided 
by law, shall be rated in value, for the purpose 
of taxaiiion, not in excess of one dollar ($1.00) per 
acre and shall continue to be so rated so long as the 
said land remains within the class designated as 
auxiliary forest reserves: Provided, however, That 
if the said surface land be underlaid with coal, iron 
ore, oil, gas, or other valuable minerals, said min- 
erals may be separately assessed. The assessors in 
the several districts in which such lands are situate 
shall assess such lands in the manner now or here- 
after provided for the assessment of real estate for 
purposes of taxation, as if they had not been set 
apart as auxiliary forest reserves, and shall make 
their returns to the county commissioners in like man- 
ner as is now or hereafter may be provided by law, 
subject to exception, appeal, and final adjustrnent. 



1913, p. L. 
405. 



Auxiliary 

forest 

reserves. 

Assessment 
and taxation. 



Minerals. 



Returns. 



304 



GAME, FISH AND FORESTRY LAWS. 



Reduction of 
assessmeut. 



Timber about 
to be har- 
vested. 



Payment to 

county 

treasurer. 



Distribution 
of fund. 



Lien. 
Proviso. 

Super- 
visors. 



Section 2. Upon receipt of assessment returns from 
the various assessors, the county commissioners shall 
reduce, in their records, to a sum not in excess of 
one dollar ($1.00) per acre, the assessment on all thos^ 
lands which shall have been placed in the chiss 
known as auxiliary forest reserves, in accordance 
with certificates filed with them by the State For- 
estry Reservation Commission,, and the original as- 
sessment returns made by said assessors shall be pre- 
served . 

Section 3. Whenever timber, on land which is in- 
cluded in the class of land known as auxiliary forest 
reserves, is about to be harvested, the then owner 
of the timber on said land shall give a bond to the 
county treasurer in twenty per centum of the amount 
of the estimated value of the timber to be harvested, 
and to be approved by the court of the county, 
conditioned to pay to the county treasurer, within 
ninety days after harvesting, ten per centum of the 
value of the trees immediately at and before the time 
of harvesting; which amount shall be ascertained by 
statement and return, under oath or affirmation, 
furnished in triplicate, one to the county commis- 
sioenrs, one to the county treasurer, and one to the 
commission, immediately after harvesting, by the 
then owner of the land, setting forth said value; 
which sum thus paid shall be divided and distributed 
by the county treasurer > of each county — to the 
county, and to the poor district, the road district, 
and the school district of the township in which 
the auxiliary reserve is situate, pro rata, based upon 
the last assessed millage of taxation for county, 
poor, road, and school purposes within said taxing 
district. 

Such sum of money when ascertained to be due as 
a tax by the filing of the foregoing statement and re- 
turn, under oath, and, as hereinbefore provided, di- 
rected to be paid to the county treasurer by the 
owner of an auxiliary forest reserve, shall, from 
the time of such filing, be and remain a lien upon 
the land of such owner until payment shrill have 
been made: And be it further provided. That all 
moneys received by the boards of supervisors shall be 
appropriated exclusively to the opening, mainten- 
ance, and repair of the public roads now or 
hereafter passing through or into said auxiliary for- 
est reserves, or upon which said reserves now or 



GAME, FISH AND FORESTRY LAWS. 



306 



hereafter may abut; and, in the event that no public ^pp^^p^J*" 
highways pass through or into said reserves, or none ^^° ^^ ^™**' 
of said reserves abut on such highways, then said 
moneys shall be used for general township road pur- 



Section 4. Should the co'^nty commissioners be dis- 
satified with the return marie, as hereinbefore pro- 
vided in section three hereof, the court of common 
pleas of the proper county, on petition of the com- 
missioners, shall appoint a board of three ap- 
praisers, who shall go upon the land in question, 
estimate the quanttiy and value of the trees im- 
mediately at and before the time of harvesting, and 
make a return thereof to the court, which said re- 
turn shall then be made the basis upon which each 
owner shall make payment to the respective county 
treasurers, unless changed upon appeal. The said 
appraisers shall be duly sworn or affirmed before 
entering upon their work, and either party, if dis- 
satisfied with the report of the appraisers, shall have 
right of appeal to the court of common pleas of 
the county, within ten days after such report shall 
be filed and notice thereof given the owner. The said 
appraisers shall be allowed their expenses and a 
compensation to be fixed by the court, both to be 
paid by the county commissioners. 

Section 5. In case of the removal of said lands 
from the class known as auxiliary forest reserves, 
prior to the maturity of the timber, and without 
payment of the tax of ten per centum of the value 
thereof, as provided in section three of this act, the 
county commissioners shall, on notice from the com- 
mission, ascertain the amount of the taxes which 
would have been paid by the said owner on the 
original assessment, before the reduction provided 
for in section two of this act, adding legal interest 
from the date when each tax payment would have 
become delinquent. The said commissioners shall 
likewise ascertain the amount of taxes which have 
actually been paid upon the land in question, adding 
legal interest upon all such payments from the date 
when paid, and certify the result thereof to the 
county treasurer, who shall then proceed, in the 
manner provided for the collection of county taxes 
under general laws, to recover from such owner the 
difference between the two amounts, with costs. Such 



If the retura 
Is not satis- 
factory. 

Petition. 

Appraiser*. 



Return. 



Oath. 



Appeals. 

Expenses 
and com- 
pensation. 



Remoral of 
lands from 
classifica- 
tion prior t& 
maturity of 
timber. 

Notice. 



Ascertain- 
ment of tax 
due. 



Oertiflcats. 



20 



306 



GAME, FISH AND FORESTRY LAWS. 



Lien. 



Removal 
from class 
after ma- 
turity, etc. 



Wlien act 
shall take 
effect. 



difference, so ascertained to be due as tax as afore- 
said, shall be and remain a lien upon the land of 
such owner until payment shall have been made. 

If such land shall be so removed from said class, 
after the due cutting of a matured crop and the pay- 
ment of tax thereon, the owner shall, in that case, 
not be liable for such past assessment ; but the land 
shall thereafter be liable to assessment and tax as 
all other land not classed as auxiliary forest reserves. 

Section 6. This act shall take effect only beginning 
with assessments made for the purpose of levying 
taxes for the fiscal year one thousand nine hundred 
and fourteen. 

Approved— The 5th day of June, A. D. 1913. 

JOHN K. TENER. . 



1913, P. L. 



Preamble. 



Auxiliary 
foreKst 
reserves. 
Annual 
charge on 
for school 
and road 
purposes. 
Payable by 
the State. 

Certificate 
acreage, etc. 



AN ACT 

Providing a fixed charge on land classified as aux- 
iliary forest reserves ; and the distribution of the 
fund thus set aside for school and road purposes. 

Whereas, By existing law the State forest reserves 
are subject to an annual charge of two cents per 
acre for the benefit of schools, and two cents per 
acre for the benfit of roads, in the respective dis- 
tricts in which said reserves are located ; and 

Whereas, It would be a hardship to withhold from 
school and road districts the taxes which would 
otherwise be collected from land classified as aux- 
iliary forest reserves ; therefore, — 

Section 1. Be it enacted, &c.. That all lands which 
shall hereafter be classified as auxiliary forest re- 
serves shall be subject to an annual charge of two 
cents per acre for the benefit of the schools, and 
two cents per acre for the benefit of the roads, in 
the respective districts in which said reserves are 
located. Said charge is hereby made payable by the 
State. 

Section 2. The State Forestry Reservation Com- 
mission shall certify to the respective school dis- 
tricts and road districts, throughout the Common- 
wealth, in which auxiliary forest reserves are located, 
the number of acres thus set apart and classified in 
each district, and the charge against the same; and 



GAME, FISH AND FORESTRY LAWS. 307 

shall, furthermore, certify to the State Treasurer 
the number of acres as aforesaid, and the charge 
against the same, in favor of the respective school 
and road districts. The State Treasurer shall, upon 
the approval of the proper warrants of the commis- 
sion, pay to the several school districts and road r'ayments. 
districts the amount due the same from the Common- 
wealth, as derived under this act. 
Approved— The 5th day of June, A. D. 1913. 

JOHN K. TENER. 



A SUPPLEMENT. 

To an act, entitled "An act to establish a Department 1913, P. l 
of Forestry, to provide for its proper administra- ^^^ 
tion, to regulate the acquisition of land for the 
Commonwealth, and to provide for the control, pro- 
tection, and maintenance of forest reserves by the 
Department of Forestry," approved the twenty- 
fifth day of February, Anno Domini one thousand 
nine hundred andj;)ne (Pamphlet Laws, page eleven), 
authorizing the Department of Forestry to desig- 
nate certain of the foresters within its employ to 
act as District Foresters, in the performance of gen- 
eral forest work other than within the State For- 
ests. 

Whereas, In accordance with section three of an Preamble. 
act, entitled "An act to establish a Department of 
Forestry, to provide for its proper administration, to 
regulate the acquisition of land for the Common- 
wealth, and to provide for the control, protection, 
and maintenance of forest reserves by the Department 
of Forestry," it is provided that it shall be the duty 
of the Commissioner of Forestry, among other things, 
"to encourage and promote the development of For- 
estry, to obtain and publish information respecting 
the extent and condition of forest lands in the State, 
and to execute all rules and regulations adopted by 
the Forestry Reservation Commission for the enforce- 
ment of all laws designated for the protection of 
forests from fire and depredation" and 

Whereas, It is desirable and expedient that that 
phase of forestry known as farmers' woodlot and pri- 
vate forestry be given greater consideration and as- 
, sistance than it has heretofore received ; therefore,— 



308 



GAME, FISH AND FORESTRY LAWS, 



Department 
of Forestry. 



District 
Foresters. 



Duties of 

District 

f^oresters. 



GfQces and 
supplies. 



Section 1. Be it enacted, &c., That the Depart- 
ment of Forestry be authorized to designate, wher- 
ever the demands of forestry warrant, certain of the 
foresters in the State Forest Service to be known ns 
District Foresters, and that the districts to which 
they may be assigned shall be coterminus with one or 
more of the counties throughout the Commonwealth. 

Section 2. It shall be the duty of the District 
Forester, under the direction of the department, to 
promote within his district the development of for- 
estry by conducting such educational efforts as may 
be necessary to bring to the attention of the people the 
uses and purposes of practical forestry, to render as- 
sistance to forest and woodlot owners, to conduct ex- 
periments in forestry, to collect data concerning for- 
ests and woodlots within his district, to inspect and 
report to the department upon the work of the fire- 
wardens, to advise with land owners upon the plant- 
ing and protection of shade-trees, to assist in Arbor 
Day work, and to promote and advance any other ac- 
tivity in local forestry which may be designated by 
the Department of Forestry. The District Forester 
shall be supplied by the Department with suitable of- 
fice facilities and supplies to enable him to carry on 
his work. 

Approved— The 21st day of July, A. D. 1913. 

JOHN K. TENER. 



IMS, 
140. 



County Com- 
missioners. 



AN ACT 

Directing the county commissioners of the several 
counties to offer for sale to the Department of For- 
estry tracts of land which they may have purchased 
at county treasurers' sales, for acceptance or re- 
fusal for forestry purposes, and to convey to the 
Commonwealth of Pennsylvania the tracts so offered 
to be sold, if accepted by the department. 

Section 1. Be it enacted, &c.. That when county 
commissioners shall have received from the county 
treasurer a conveyance of lands which shall have 
been advertised and sold for unpaid taxes, in ac- 
cordance with the several acts of Assembly relating 
to the sale and conveyance of lands for taxes, the 
, said commissioners are hereby directed, after the 



GAJklE, FISH AND FORESTRY LAWS. 



399 



period' for redemption of said lands shall have ex- 
pired, to offer said lands to the Department of For- 
estry, for acceptance or rejection by snid department, 
for forestry purposes, when required so to do by 
the Department of Forestry. The county commis- 
sioners, in making such offer, shall describe the Innd 
by giving the name of its former owner, its location, 
warrantee nnme or number, and its adjoiners. They 
shall state the number of acres and perches in each 
tract so offered, and the fimount of taxes, interest, 
and costs due thereon, which shall have been levied 
and become a lien and accrued to the time of mak- 
ing the offer. Every such offer shall be accom- 
panied by a draft of the land, when required by the 
department, to be prepared by the county surveyor. 
The cost of the preparation of such draft shall 
be paid by the county commissioners, and in no 
case shall exceed the ordinary and usual amount paid 
for the making of similar drafts in the course of 
county business. The cost of the draft may be 
added by the commissioners to the amount of costs 
accrued against the land whir>h they shall offer the 
Department of Forestry. Where adjoining tracts 
are so offered, they shall be included within one 
draft, and the cost of the draft shall be ratably ap- 
portioned am_ong the several tracts in accordance with 
the area thereof. 

Section 2. That upon receiving any such offer from 
the county commissioners, which offer shall be made 
upon blank forms to be nreparpd by thf Dppartment 
of Forestry and supplied to the commissioners, the 
department shall make an examination and valuation 
of the land so offered, to determine whether it is 
suitable for forestry purposes. If found not suitable 
for forestry purposes, the department shall so notify 
the commissioners. If found to be suitable for that 
purpose, it shall likewise notify the commissioners 
of its suitability, make a conditional acceptance, and 
proceed to examine the title. If such examination 
shall disclose that the title is marketable, and of 
such character as can be safely accepted, the depart- 
ment shall prepare a deed to be executed by the com- 
mi«5sioners, conveying such land to the Commonwealth 
of Pennsylvania. The consideration shall include aU 
taxes levied, interest, and costs due to date of con- 
veyance; but shall, in no case, exceed the limit of 



Sale of laaAs 
to Depart- 
ment of 
Forestrj. 
Forest 
reserves. 
Description. 



Draft. 



Cost of 
draft. 



Examina- 
tion and 
valuation. 



310 



GAME, FISH AND FORESTRY LAWS. 



Removal of 

ol>.iec'tioas, 

etc. 



Repeal. 



purchase price now or hereafter fixed by law for 
the purchase of land by the Department of Forestry 
for forestry purposes. 

Section 3. That if the title examination shall dis- 
close incumbrances upon the land, or other objections, 
which, in the judgment of the Department of For- 
estry, will render the title unmarketable or undesir- 
able for the State to own, the county commissioners 
shall then proceed to remove such objections to title, 
and cure such defects, so far as it may be possible 
to do so, or may be required by the practice of the 
Department of Forestry in the purchase of lands. 
The purchase of said land shall not be further pro- 
ceeded with until the title shall be rendered acceptable 
to the Department of Forestry. In case the county 
commissioners neglect or refuse to remove objections 
to title when required by the Department, the De- 
partment may, after a reasonable time, not exceeding 
six months, notify the commissioners that it refuses 
to consider the further purchase of the land so of- 
fered. The time for removal of objections may be 
extended by the department for cause shown. 

Section 4. That all laws or parts of laws in con- 
flict herewith are hereby repealed. 

Approved— The 21st day of April, A. D. 1915. 
MARTIN G. BRUMBAUGH. 



1915, 
155. 



P. L. 



Forestry. 



Forest- 
trees. 



Distribu- 
tion. 



Agreement. 



AN ACT 

Authorizing the Department of Forestry to grow and 
distribute young forest- trees, and restricting their 
use after distribution. 

Section 1. Be it enacted, &c.. That the Depart- 
ment of Forestry is hereby authorized to grow young 
forest-trees, and to distribute them to those desiring 
to plant them, in such quantity and under such 
regulations as may be prescribed by the department, 
when the available stock in the forest nurseries shall 
be in excess of that required by the department for 
forest planting. No charge shall be made for the 
trees so distributed, but the cost of boxing and ship- 
ping shall be paid by the applicant. The applicant 
must enter into an agreement with the department 
to plant the young trees under such conditions or 



GAME, FISH AND FORESTRY LAWS 



3H 



regulations as may be made by the department, and 
to protect and care for them when planted. The de- 
partmerit may render such assistance and instruction 
in the planting of the trees as it may deem necessary 
to secure their proper planting. 

Section 2. That all such young forest-trees, which 
shall be distributed as aforesaid, shall not be sub- 
ject to sale in the hands of the applicant, but shall 
be properly planted, in accordance with the agree- 
ment entered into with the department. 

Section 3. That all acts and parts of acts incon- Repeal, 
sistent with or supplied bv this act are repealed. 

Approved— The 21st dav of April, A. D. 1915. 
MARTIN G. BRUMBAUGH. 



May not be 
sold. 



AN ACT 

Extending the powers and duties of foresters, forest 1915, P. L. 
rangers, game protectors, deputy game protectors, ^^^" 
special deputy game protectors, fish-wardens, and 
deputy fish-wardens of this Commonwealth. 

Section 1. Be it enacted, &c.. That from and after 
the approval of this act, it shall be the duty of each 
forester and forest ranger in this Commonwealth 
to enforce all the laws relating to forestry, fish, and 
game ; it shall be the duty of every game protector, 
deputy game protector, or special deputy game pro- 
tector, commissioned in this Commonwealth, to en- 
force all the laws relating to fish, game, and forestry; 
it shall be the duty of every fish-warden or deputy 
fish warden, commissioned in this Commonwealth, 
to enforce all the laws relating to game, fish, and 
forestry, under the direction of that department or 
commission into whose special care the interests of 
these several subjects have been entrusted, namely: 
All prosecutions for violation of laws relating to 
forestry shall be brought under the direction of the 
Department of Forestry ; all prosecutions for viola- 
tion of the fish laws shall be brought under the di- 
rection of the Department of Fisheries ; and all 
prosecutions for violation of the game laws shall po^^j-s of 
be brought under the direction of the Board of Game officers ex- 
Commissioners ; and, to that end, the powers of all tended. 



Forestry, fish 
and game 
laws. 



Duty of for- 
est rangers, 
game pro- 
tectors, and 
firsh wardens. 



Prosecu- 
tions. 



312 



GAME, FISH AND FORESTRY LAWS. 



the officers aforesaid are hereby extended in such a 
way as to give them full authority to carry out the 
purposes of this act. 
EepeaL Section 2. All acts or parts of acts inconsistent 

with this act, in so far as they relate to the various 
subjects and conditions considered by this act, and 
specifically changed by its provisions, are hereby re- 
pealed. 
Approved — The 21st dav of April, A. D. 1915. 

MARTIN G BRUMBAUGH. 



1915, P. L. 



Department 
of Forestry. 
Limit ©f par- 
cliase price 
of lands for 
forest r«- 



Bepeal. 



AN ACT 

To enlarge the limit of purchase price to be paid 
by the Department of Forestry for lands to be 
purchased and used for State forest purposes. 

Section 1. Be it enacted. Sec, That the limit of 
purchase price to be paid by the Department of For- 
estry for land hereafter to be purcnased by it, and 
used for State forest purposes, shall not exceed the 
sum of ten dollars per acre. 

Section 2. That all acts or parts of acts in con- 
flict herewith are repealed. 

Approved— The 14th day of May, A. D. 1915. 

MARTIN G. BRUMBAUGH. 



1916. p. L. 
7»7. 



Department 
of Forestry. 

Bureau of 
Forest Pro- 
tection. 



AN ACT 

To establish a Bureau of Forest Protection within the 
Department of Forestry ; designating the officers 
who shall constitute the Bureau, their duties and 
salaries; prescribing penalties for the violation 
thereof; and repealing all laws, general, special, or 
local, or any parts thereof, that may be inconsistent 
with or supplied by this act. 

Section 1. Be it enacted, &c.. That a Bureau of 
Forest Protection is hereby established within the 
Department of Forestry. The persons appointed 
thereto or assigned to duty therein shall be subject to 
the authority and under the control of the Commis- 
sioner of Forestry. 



GAME, FISH AND FORESTRY LAWS. 313 

ARTICLE I. 

Chief Forest Fire-Warden. 

Section 101. Appointment. — Immediately after this 
act becomes effective, and thereafter whenever a va- 
cancy occurs, the Commissioner of Forestry shall ap- 
point a forester in the en ploy of the department to 
be the chief forest fire-warden. 

Section 102. Duties:— 

(a) It shall be the duty of the chief forest fire- 
warden to take such measures for the prevention, con- 
trol, and extinction of forest fires as will assure a rea- 
sonable protection from fire to woodlots, forests, and 
wild lands within the State. 

fb) The chief forest fire-warden shall institute the 
system of forest fire-wardens, as hereby created, and 
shall have authority to supervise and manage the 
same. 

(c) He shall reorganize the former system of fire- 
wardens, and as rapidly as possible make it conform 
to the provisions of this act. 

(d) As soon as convenient after this act becomes 
effective, the chief forest fire-warden shall divide the 
State into forest fire districts, for the organization of 
an effective forest fire-warden system. 

(e) At the end of each calendar year he shall ren- 
der to the Commissioner of Forestry a report for the 
year, covering all phases of the work under his direc- 
tion, which report, together with a list of the fire- 
wardens, shall be published annually as a bulletin of 
the Department of Forestry. 

(f) He shall collect, with the assistance of the force 
and means at his command, data relating to location, 
area, and fire hazard of woodlots, forests, and wild 
lands within the State; data relating to forest fires, 
and losses resulting therefrom ; and such other data as 
he may deem to c^me within the purview of his duties, 
and as he may desire to present to the commissioner 
or to the public. 

(g) He shall tabulate and draft data in such man- 
ner that the information may be easily and readily ap- 
preciated. Maps, drafts, and tables shall be pub- 
lished, in the discretion and under the direction of the 
Commissioner of Forestry, as a part of the annual 
report of the chief forest fire-warden or as separate 
bulletins of the department. 



314 GAME, FISH AND FORESTRY LAWS. 

(h) He shall plan and put into effect as rapidly as 
convenient a system of fire-towers and observation sta- 
tions, which shall cover the regions subject to forest 
fires, purchase the necessary material and equipment, 
and hire the necessary labor for the installation of the 
system . 

(i) When, in his discretion, the purposes of this 
act may be i ccomplished better by the appointment of 
certain forest fire-wardens as watchmen or patrolmen 
during dry seasons, and within regions subject to 
great fire risk, he shall make such appointments; pro- 
vided that no person shall be appointed watchman or 
patrolman without first having been appointed a forest 
fire-warden, and that wa/dens who have proved to be 
efficient shall be given preference. 

(j) He may enter into agreements, with the consent 
of the Commissioner of Forestry, with persons, firms, 
corporations, or associations, upon satisfactory terms, 
for the successful accomplishment of forest fire pre- 
vention or control. 

(k) He shall conduct such educational work in re- 
lation to forest fires as may be approved by the Com- 
missioner of Forestry. 

(1) He shall audit all bills incurred under this 
act. He shall approve those which are correct and 
should be paid and present them to the Commissioner 
of Forestry, who shall transmit them to the Auditor 
General. 

(m) Upon receipt of checks from the State Treas- 
urer, he shall send them to the persons entitled there- 
to. 

(n) He shall have authority to declare a public 
nuisance any property which, by reason of its con- 
dition or operation, is a special forest fire hazard, 
and, as such, endangers other property or human 
life. 

(o) He shall notify the owner of the property, or 
the person responsible for the condition declared a 
public nuisance, and advise him as to the abatement 
or removal of such nuisance. In the case of a rail- 
road, such notice shall be served upon the superin- 
tendent of the division upon which the nuisance exists.. 

(p) He shall collect and arrange information ob- 
tained concerning violation of laws relating to the 
protection of forests from fire, and present the same 
to the Commissioner of Forestry, who shall file it with 
the Attorney General for legal action. 



GAME, FISH AND FORESTRY LAWS. 315 

Section 103. Compensation. — The chief forest fire- 
waren shall be paid a salary not to exceed two thou- 
sand five hundred ($2,500) dollars per annum, and 
necessary expenses incurred in the performance of his 
duties. 

ARTICLE II. 

Clerical Assistants. 

Section 201. As soon as convenient after this act 
becomes effective, the Commissioner of Forestry shall 
assign to the Bureau of Forest Protection a forester 
in the employ of the department, to act as a clerk to 
the chief forest fire-warden; and, from time to time, 
may assign such other clerical assistants to the bureau 
as may be necessary. 

ARTICLE III. 

District Fire- Warden. 

Section 301. Appointment. — As rapidly as fire dis- 
tricts may be determined upon by the chief forest 
fire-warden, and thereafter whenever vacancies occur, 
the Commissioner of Forestry shall appoint foresters 
in the employ of the department, to be known as 
district fire-wardens. 

Section 302. Duties:— 

(a) The district fire-warden shall establish head- 
quarters at some advantageous place within his dis- 
trict ; shall act as the field representative of the chief 
forest fire-warden, and be under his direction. 
. (b) He shall be responsible for the collection of 
data, within his district, necessary for accomplishing 
properly the purposes of this act. 

(c) He shall make recommendations to the chief 
forest fire-warden for the appointment of local fire- 
wardens, the location of fire-towers, the employment 
of pntrolm.en, and the region to he patrolled, and re- 
garding such other matters as may come to his at- 
tention which would tend to improve the protective 
system . 

(d) He shall arrange for annual meetings of fire- 
wardens within his district, for instruction in forest 
fire matters. 

(e) He shall report to the chief forest fire-warden 
situations and conditions existing within his district 
which are or may become forest fire hazards. He 



316 GAME, FISH AND FORESTRY LAWS. 

sh.ill servo notices for the correction or removal of 
such conditions, when issued by the chief forest fire- 
warden. 

(f) He shall receive, audit, and approve the reports 
and accounts of the local lire-wardens before sub- 
mitting thorn to the chief forest fire-warden. 

(g) He shall act as an inspector of the work of 
local fire-wardens, and render assistance to them. 

(h) He shall conduct educational work, and de- 
velop co-operation between local agencies and the 
Department of Forestry for the prevention and sup- 
pression of forest fires. 

(i) He shall perform such other duties as may be 
assigned to him by the Commissioner of Forestry or 
the chief forest fire-warden. 

Section 30o. Compensation. — The district fire- 
warden shall be paid a salary not to exceed one thou- 
sand eight hundred ($1,800) 'dollars per annum, and 
all necessary expenses incurred in the performance of 
his duties. 

ARTICLE IV. 

Local Forest Fire-Wardens. 

Section 401. Qualifications. — A person appointed a 
local fire-warden shall be chosen expressly by reason of 
his physical fitness, sobriety, honesty, and ability to 
perform the duties herein required, and must have the 
recommendation of the district fire-warden for the 
forest' fire district in which he is located. Where no 
district fire-warden has been appointed, the chief 
forest fire-warden shall first satisfy himself as to the 
above qualifications before making an appointment. 

Section 402. Appointment. — Local fire-wardens 
shall be appointed by the chief forest fire-warden in 
such localities as he may deem necessary. 

Section 403. Certificates of Appointment. — Every 
person appointed a forest fire-warden under this act 
shall be given a certificate of appointment, issued by 
the chief forest fire-warden, and moy be furnished with 
an appropriate badge, in the discretion of the chief 
forest fire-warden. 

Section 404. Duties: — 

(a) Whenever fire is discovered in or approaching 
•woodlots, forests, or wild lands, whether the same 
be owned by individuals, corporations, or by the Com- 



GAME, FISH AND FORESTRY LAWS. 3W 

monwealth, it shall be the duty of a forest fire-warden 
immediately to take such measures as are necessary 
to extinguish the fire. 

(b) Whenever fires have been combated or ex- 
tinguished as provided for in this act, the forest fire- 
warden shall prepare a correct statement of expenses, 
upon forms to be furnished by the department; which 
statement must be verified by oath or affirmation, and 
must be filed with the district warden, and by him 
forwarded to the chiff forest fire-warden within sixty 
days of the date of fire. 

(t) He shall pi'omptly investigate the cause of 
each fire which comes to his knowledge, collect such 
evidence as may be discovered relating thereto, and 
such other facts as he may be directed, and report the 
same to the chief forest fire-warden. 

(d) Upon r-^cript of a check from the State Treas- 
urer, he shall at once pay by check the amounts due 
to such persons as are entith d to receive pay from 
him. 

(e) He shall attend an annual meeting of fire- 
wardens in his district when notified, or present a 
reasonable excuse. 

(f) When designated as a patrolman or watchman, 
he shall perform such duties as may be assigned him 
by the chief forest fire-warden or by the district fire- 
warden. 

Section 405. Compensation. — Each local fire- 
warden shall be paid at the rate of thirty cents per 
hour for the time actually employed in the perform- 
ance of his duties. He shall also be paid for the 
necessary expenses incurred in the performance of his 
duties. In addition, he shall be paid annually the 
sum of ten dollars ; provided that the Commissioner 
of Forestry may withhold this annual sum for just 
and reasonable cause. 

A local forest fire-warden shall not be paid from 
the forest fire fund, for services in any one month, an 
amount in excess of fifty dollars. 

ARTICLE V. 

Special and Ex Officio Forest Fire- Wardens. 

Section 501. The chief forest fire-warden may ap- 
point persons who will serve without compensatioii 
as special or as ex officio forest fire-wardens. They 



318 GAME, FISH AND FORESTRY LAWS. 

shall have the same power and authority ns local forest 
fire-wardeus, but their duties may be changed or ex- 
tended by the chief forest fire-warden. 

Section 502. Foresters and raujrers In rh.-; employ 
of the Department of Forestry shall be forest titt- 
wardens ex oflicio. 

Section 503. Special and ex officio forest fire- 
wardens shall receive no compensation under this act, 
other than the necessary expenses incurred by them 
in the performance of their duties as fire-wardens. 

ARTICLE VI. 

General Powers. 

Section 601. A fire-warden shall have authority to 
employ such other persons as, in his judgment, may 
be necessary to render assistance in extinguishing 
fire; and, whenever it shall not othorAvise be possible 
for him to secure a sufficient number of persons to 
assist in extinguishing fire, he is hereby authorized to 
compel the attendance of persons and to require them 
to render assistance in the extinguishing of fire, under 
penalties prescribed in this act. 

Section 602. A fire-warden shall have authority to 
administer an oath or affirmation, in order to examine 
any person who he believes knows facts relating to any 
fire, or who claims compensation for services rendered. 

Section 603. Every official provided for by this act 
shall have authority to enter upon any land at any 
time for the purpose of performing duties in accord- 
ance herewith. 

Section 604. A fire-warden shall have power to ar- 
rest on view, without first procuring a warrant, any 
person detected by him in the act of committing an 
offense against any of the laws now enacted or here- 
after to be enacted for the protection of forests, wood- 
lots, timber, or wild lands, or when he shall have a 
reasonable suspicion that any person is committing or 
is about to commit some such ofFense. The warden 
shall have further power to take the offender before a 
justice of the peace, or other magistrate having juris- 
diction, for hearing, trial, or other due process of law. 
The further conduct of any such ease shall be en- 
trusted to, and be undertaken by, the Attorney Gen- 
eral. 



GAME, FISH AND FORESTRY LAWS. 319 

Section 605. A fire-warden shall not be personally 
liable for any act required or permitted to be done 
under the provisions of this law, while acting within 
the scope of his duties as a fire-warden. 

ARTICLE VII. 
Private Persons. 

Section 701. Fire-Fighters.— Persons who extin- 
guish forest fires, except as otherwise provided, shall 
be paid at a rate per hour to be determined for each 
fire district by the chief forest fire-warden, with the 
approval of the Commissioner of Forestry, and based 
upon the rates of wages received for day labor within 
the respective fire districts ; provided the rate does 
not exceed twenty-five cents per hour. 

Section 702. Appeal to the Commissioner of For- 
estry. — If any person shall feel aggrieved by the act 
of any fire-warden, such person may appeal to the 
Commissioner of Forestry, who will examine into the 
complaint. After hearing the parties he shall decide 
as to him shall seem just and right. 

Section 703. Land Owners. — Nothing in this act 
shall be so construed as to relieve the owner or lessee 
of lands, upon which fires may burn or be started, 
from the duty of extinguishing such fire so far as may 
lie within his power. 

No owner or lessee of land upon which fire may burn 
or be started, nor any person during employment 
with such owner or lessee, nor any other person with 
a present vested interest in such land, shall receive 
compensation under this act for extinguishing fire 
upon his land or the land to which his interest is at- 
tached . 

No person who is responsible for the spreading of a 
fire to a woodlot, forest, or wild land, nor any per- 
son in his employ, may receive compensation from a 
fire-warden for helping to extinguish such fire. 

ARTICLE VIII. 

Railroads. 

Section 801. All steam and electric railroad com- 
panies owning or operating lines of railroad within 
the State shall put into effect such reasonable regu- 
lations for the prevention of forest fire as may be- 



S20 GAME, FISH AND FORESTRY LAWS. 

deemed necessary by the chief forest fire-warden, pro- 
viding the regulations be approved by the Public 
Service Commission. 

ARTICLE IX. 

Expenses . 

Section 901. Expenses incurred under this act shall 
he paid from the general forest protection appropria- 

on. 

Section 902. No bills of expense relating to the 
protection of forests from fire incurred under this 
act, shall be honored by the chief forest fire-warden 
unless presented to him within sixty days after the 
expense has been incurred. 

Section 903. The Auditor General shall satisfy 
himself as to the correctness of all bills transmitted 
to him by the Commissioner of Forestry for expense 
incurred under this act, and shall then draw his war- 
rants against the general forest protection appropria- 
tion in favor of the persons and for the amounts 
shown by the approved bills. 

ARTICLE X. 
Penalties. 

Section 1001. Penalty for Neglect of Duty.— If a 
fire-warden shall fail to perform his duty, or shall 
render a false or fraudulent statement of service al- 
leged to have been performed, or shall fail to pay 
promptly the respective amounts due those who have 
rendered service, after said amounts have been trans- 
mitted to him, he shall be guilty of a misdemeanor, 
and upon conviction thereof shall be fined a sum not 
exceeding one hundred dollars, or undergo imprison- 
ment not exceeding three months, or both, in the dis- 
cretion of the court. 

Section 1002. Penalty for Refusing to Aid a Fire- 
warden. — If any fire-warden, being in need of assist- 
ance in the suppression of fire, shaU call upon any 
person to render assistance, and such person shall 
refuse without a just and fair excuse he is hereby de- 
clared to be guilty of a misdemeanor, and upon con- 
viction thereof shall be sentenced to pay a fine n^t 



GAME, FISH AND FORESTRY LAWS. 321 

exceeding one hundred dollars, or undergo imprison- 
ment not exceeding one month, or both, in the dis- 
cretion of the court. 

Section 1003. Penalty for Hindering an Officer in 
his Duties. — A person who shall prevent or obstruct, 
or attempt to prevent or obstruct, a fire-warden in the 
performance of a duty required by this act, or the ex- 
ercise of the rights of entry, access, or examination 
by any warden or officer of this bureau, shall be guilty 
of a misdemeanor, and upon conviction thereof shaP 
be sentenced to pay a fine not exceeding one hundj' ^ 
dollars, or undergo imprisonment not exceeding "ju<i 
month, or both, in the discretion of the court. 

Section 1004. Penalty for Non-Abatement or Re- 
moval of Nuisance. — Every person or corporation re- 
fusing to comply with an order. of the chief forest fire- 
warden for the abatement of a nuisance, under this 
act, shall be guilty of a misdemeanor, and upon con- 
viction thereof shall be sentenced to pay a fine of not 
more than one hundred dollars, or undergo imprison- 
ment not exceeding one month, or both, in the discre- 
tion of the court. In construing or enforcing the pro- 
visions respecting the abatement of nuisances, under 
this act, the neglect or refusal of any officer, agent, or 
other person acting for or employed by a corporation, 
and having within the scope of his employment the 
supervision of the property complained about, shall in 
every case be deemed to be the neglect or refusal of - 

the corporation itself. 

Every day's continuance in the non-abatement of a 
nuisance, after an order by the chief forest fire-warden 
to abate the same, shall be a separate and distinct 
offense. 

If a preliminary injunction be granted or any inter- 
locutory order of supersedeas intervene, no penalty 
shall be incurred on account of non-abatement of such 
nuisance for the period of time such injunction or 
supersedeas is in force. 

Section 1005. Penalty for Causing Forest Fire. — 
Whenever a fire set by any person destroys property 
belonging to another, it shall be prima facie evidence 
that the loss occasioned is the result of negligence, and 
that the person responsible therefor is guilty of a mis- 
demeanor. Upon conviction he shall be fined not ex- 
ceeding one thousand dollars for each offense, or 
undergo imprisonment not exceeding six months, or 

21 



322 GAME, FISH AND FORESTRY LAWS. 

both, in t\e discretion of the court. This section 
shall not apply to the setting of a back fire in good 
faith, to extinguish a fire then burning. 

Section 1006. Every steam and electric railroad 
company, owning or operating lines of railroad within 
the State, which shall neglect or refuse to put into 
effect such reasonable regulations for the prevention 
of forest fire as may be deemed necessary by the chief 
forest fire-warden and approved by the Public Service 
' Commission, shall forfeit and pay to the Common- 
wealth of Pennsylvania, for each neglect or refusal, 
the sum of one hundred dollars, to be recovered by an 
action of assumpsit, instituted in the name of the 
Commonwealth by the Attorney General in the court 
of common pleas of Dauphin County, which court 
is hereby clothed with exclusive jurisdiction through- 
out the Commonwealth to hear and determine such ac- 
.tions . 

Every day's continuance in refusal to comply with 
such regulations, after a notice from the chief forest 
fire-warden and the lapse of a reasonable length of 
time for compliance therewith, which time shall be 
fixed in the notice, shall be a separate and distinct 
offense . 

Section 1007. Disposition of Fines. — Moneys re- 
ceived from the payment of fines shall be paid to the 
treasurer of the county in which suit is brought, for 
the use of the county, except as otherwise provided in 
this act. 

ARTICLE XI. 

Section 1101. When, in the judgment of the Com- 
missioner of Forestry, he deems it necessary for gen- 
eral forest protection that causes or agencies injurious 
to trees and forests, other than fire, be investigated, 
reported upon, or abated, he is hereby authorized to 
assign to the Bureau of Forest Protection persons 
competent for such work. The salaries of such per- 
sons, so assigned, shall be fixed by the Commissioner 
of Forestry, and shall in no case exceed the ordinary 
and usual amount paid for such services . Salaries 
and expenses shall be paid out of the general forest 
protection appropriation. 



GAME, FISH AND FORESTRY LAWS 



32:5 



ARTICLE XII. 

Section 1201. This act shall take effect June first, 
one thousand nine hundred and fifteen, or, if approved 
subsequent to that date, upon date of approval. All 
appropriations for forest fire protection which shall 
be made at the legislative session of one thousand 
nine hundred and fifteen shall be deemed to have been 
appropriated for general forest protection, and shall 
be expended for that purpose by the Department of 
Forestry . 

ARTICLE XIII. 

Repeal. 

Section 1301. All acts or parts of acts inconsistent 
with or supplied by this act are repealed. 
Approved— The 3d day of June, A. D. 1915. 

MARTIN. G. BRUMBAUGH. 



AN ACT 

To permit the Department of Forestry to enter into 
co-operative agreements with county, township, mu- 
nicipal, and private agencies for the prevention and 
suppression of forest fires, and providing a method 
of payment of the expenses arising thereunder. 

Section 1. Be it enacted, &c.. That the Department 
of Forestry is authorized to enter into agreements for 
the prevention and suppression of forest fires with 
county, township, municipal, and private agencies 
owning or controlling woodlots, forests, or wild lands, 
or whose activities in whole or in part are directed 
toward the prevention and suppression of forest fires. 
The department is authorized to expend from its gen- 
eral forest fire appropriation, for such protective and 
preventive purposes as it deems effective, a sum of 
money equal in amount to the amount which shall he 
expended by such agencies in accordance with such 
agreements. All expenditures must first be presented 
to the Department of Forestry in monthly statements, 
in form and manner prescribed for the payment of 
any sum from the forest fire appropriation. The 
Commissioner of Forestry shall audit the same and 



1913, P. I. 
S15. 



Department 
of Forestry. 

Co-opera- 
tive agree- 
ments for 
the preven- 
tion and sup- 
pression of 
forest fires. 



>[onthl,v 
statements. 



324 



GAME, FISH AND FORESTRY LAWS. 



Annual 
renort. 



Repeal. 



transmit them to the Auditor General, who shall then 
draw his warrant for one-half of the amount of ex- 
penditures approved by the Commissioner of For- 
estry . 

Section 2. That every county, township, munici- 
pal, or private agency working under agreement with 
the department, in accordance with this act, shall 
render to the department, at the end of each calendar 
year, a report setting forth a complete itemized state- 
ment of expenditures made with a view to the pre- 
vention and suppression of forest fires, and stating 
such other information as the department may re- 
quest. The financial statement and facts relating 
thereto shall be accompanied by an affidavit sub- 
scribed to by the person authorized to make the re- 
port. 

Section 3. All acts and parts of acts inconsistent 
with or supplied by this act are repealed. 

Approved — The 4th day of June, A. D. 1915. 

MARTIN G. BRUMBAUGH. 



i9ir,, p. L, 

816. 

Department 
of Forestry. 

Grant of 
rights of 
way through 
State forests. 



"Right of 
way" de- 
fined. 



Repeal. 



AN ACT 

Empowering the Department of Forestry to grant 
rights of way through the State forests. 

Section 1. Be it enacted, &c.. That the Department 
of Forestry is hereby empowered to grant rights of 
way through State forests to individuals or corpora- 
tions who may apply therefor, when it shall appear 
to^ the department that the grant of a right of way 
will not so adversely affect the land as to interfere' 
with its usual and orderly administration, and when 
it shall appear that the interests of the Commonwealth 
or of its citizens will be promoted by such grant. 

Section 2. A right of way, under this act, is here- 
by construed to include a passage, haulage, flowage, 
or transmission for any lawful purpose. 

Section 3. All acts or parts of acts inconsistent 
with or supplied by this act are repealed. 

Approved — The 4th day of June, A. D. 1915. 

MARTIN G. BRUMBAUGH. 



GAME, FISH AND FORESTRY LAWS. 



325 



SECTIONS OF THE. SCHOOL CODE RELATING 
TO FORESTS AND FORESTRY, AS AMENDED 
BY ACT OF JUNE 4, 1915, P. L. 825. 

Section 2701. The receipts and proceeds derived in 
any way from, or on account of, the forest reserva- 
tions, now or hereafter acquired by this Common- 
wealth, together with all water-powers and water- 
rights belonging to this Commonwealth in the 
streams, rivers, lakes, or other waters of this Com- 
monwealth, and all real estate owned by this Common- 
wealth which is not used for State or other public 
purposes, all escheated estates in this Commonwealth, 
and all other property or money which shall in any 
way accrue to such fund, whether by Act of Assembly, 
devise, gift, or otherwise, shall belong to and consti- 
tute a fund, to be known and designated as "The 
State School Fund of Pennsylvania," which is to be 
maintained as herein provided: Provided, however. 
That the forest reservations shall continue to be 
wholly under the control of the State Forest Reser- 
vation Commission, as now provided by law. 

Section 2702. All real and personal property be- 
longing to the State school fund shall be wholly 
under the control and management of the State Board 
of Education. All receipts derived in any way from, 
or on account of, the State forest reservations, or 
from, or on account of, any real or personal property 
belonging to the State school fund, and all other 
moneys accruing to said fund, shall always be 
promptly paid to the State Treasurer, and kept by 
him in a separate account, subject to the disposal 
of the State Board of Education as herein provided ; 
and the State Treasurer shall deposit said funds in 
the properly authorized depositories for State funds, 
and shall add to such funds the interest received from 
the depositories for the use of the same. All income 
derived from any investments of the State school fund 
shall be paid to the State Treasurer, and kept de- 
posited as herein provided in a separate account, sub- 
ject to the order of the State Board of Education. 
The State Treasurer and his bondsmen shall be re- 
sponsible for the safe-keeping of, and accounting for, 



state school 
fund. 



How consti- 
tuted. 



Control and 
manage- 
ment. 



Separate 
account. 



Income. 



326 GAME, FISH AND FORESTRY LAWS. 

said funds, in the same manner and under the same 
penalties as for the safe-keeping of, and accounting 
for, the other funds of this Commonwealth. 
Approved — The 4th day of June, A. D. 1915. 

MARTIN G. BRUMBAUGH 



GAME, FISH AND FORESTRY LAWS. 327 



RULES FOR THE GOVERNMENT OF THE STATE 
FORESTS. 

1. The people of Pennsylvania are invited to avail themselves 
freely of the use of the State Forests as outing grounds for general 
recreation and educational purposes, subject to these rules and the 
statutes of the Commonwealth . 

2. Living trees must not be cut down or injured. 

3. Springs or streams must not be contaminated. 

4. Birds' nests must not be destroyed or molested. 

5. Lighted matches, cigars, cigarettes, or hot ashes from pipes 
must not be thrown upon the ground. 

6. The grazing of horses, cattle, sheep, and hogs within State 
Forests is prohibited, except by special permission. 

7. Placing of advertisements within State Forests is prohibited. 

8. No poison shall be set in a State Forest within one mile of 
any human habitation ; and when set shall be indicated by a con- 
spicuous warning notice that may easily be read by persons ap- 
proaching the locality. 

9. All persons who desire to enjoy the privileges of a State 
Forest, remaining for a time less than a day, and not over night, 
are not regarded as campers and will not be required to procure 
camping permits, but will be governed in all other respects by 
these rules. 

10. All persons who desire to camp within a State Forest must 
first apply to the Commissioner of Forestry. A form of applica- 
tion will be forwarded to the applicant, who must sign and re- 
turn it. If in proper form, in the absence of other objections, a 
permit will be granted. 

11. No person will be permitted to erect a camp v/ho has not 
promised in writing to obey the camping rules and has not received 
a camping permit. Every camping party, before selceting a camp 
site or pitching a camp, must report to a forest officer. 

12. No camp may be erected within one-half mile of any game 
refuge, nor within one-eighth of a mile of another camp. 

13. No camping party shall consist of more than 10 persons at 
one time. Permits will be granted for a period of three weeks 
only. 

14. Open camp fires must not be made, except in a hole or 
pit encircled by the earth taken out. All other fires are prohibited 
except those contained in a proper and safe fire holding receptacle. 

15. Open camp fires must be extinguished before the last mem- 
ber of the party leaves the locality. All fires must be carefully 
guarded at night. 



328 GAME, FISH AND FORESTRY LAWS. 

16. Dead and down timber may be used for camp fires, and 
may be procured under the direction of a forest oflBicer. 

17. Every person receiving a camping permit is required to re- 
port to the Commissioner of Forestry any violation of law or of 
the rules for the government of State Forests, coming under his 
observation, 

18. Permanent camps may be established only in accordance 
with the law permitting them and the special rules adopted by 
the Department for their regulation and control. 

19. Persons who violate the law or these rules may be denied 
future privileges within the State Forests. 

20. Forest ofiicers are required to remove immediately from 
State Forests all persons who violate the law or these rules. 

21. Forest officers, without first procuring a warrant, are 
vested by law with power to arrest on view all persons detected 
by them in the act of trespassing upon forest or timber lands 
within the Commonwealth, under such circumstances as to war- 
rant the reasonable suspicion that such persons have committed, 
are committing, or are about to commit an offense against the 
laws now enacted or hereafter to be enacted for the protection of 
forests and timber lands. They are likewise vested with similar 
powers of arrest in case of a violation of these rules. 

Adopted March 5, 1915. 

COMMISSIONER OF FORESTRY. 



GAME, FISH AND FORESTRY LAWS. 329 



RULES FOR THE GOVERNMENT OF PERMANENT CAMP 
LEASEHOLDS. 

1. The tract leased shall not be used by the lessee to conduct 
a business of any character, nor for the sale of commodities, ex- 
cept where the Department shall deem such business necessary 
for the convenience and accommodation of the community and 
then only after the making of a proper application to the De- 
partment for special permission to conduct the same, provided the 
Department approve the application and direct that the lessee may 
conduct such business. 

2. The lessee shall devote the tract leased to the primary pur- 
pose described in the Act of Assembly, and shall not use the same 
nor permit any other person to use the same or to devote such 
tract to a use which may bring discredit and unfavorable public 
criticism upon the Department. Of the propriety of use the De- 
partment is hereby made the sole judge. 

3. The lessee must prevent the pollution of springs and streams 
which may be upon the leased tract or nearby within the State 
Forest, or on private land, and must keep and maintain the leased 
area in a sanitary and sightly condition and comply with all the 
health inspection laws of the Commonwealth of Pennsylvania. 

4. The lessee and all other persons who may be entitled to par- 
ticipate in the use of said tract or may be invited as guests to 
participate with the lessee in the use of the premises, must respect 
and obey all laws now made or which hereafter may be made re- 
lating to forest, fish, and game. The careless use of fire upon 
said tract or in any buildings which may be thereon erected, and 
the wanton discharge of fire arms therein or thereon, are pro- 
hibited. Fire must not be permitted to run from the leased area 
out into the forest,, and all chimneys on any buildings which may 
be erected thereon shall be so constructed as to minimize the 
danger of forest fires from sparks issuing therefrom . The building 
of bonfires is forbidden. The use of fire works and the sending 
up of rockets and fire or toy balloons is prohibited. Burning 
matches or hot ashes from^ pipes must not be thrown about in a 
careless manner or among inflammable material. 

5. The right of ingress to and egress from the leased area and 
the privilege to enter thereon at all times and as often as may 
be desirable on the part of the lessee or by those authorized by 
him, for all proper purposes, is hereby assured to the lessee. 

6. The gathering of flowers from the wild herbaceous plants 
of the woods to be used for ordinary decorative purposes is not 
objectionable, but should be exercised by the lessee and those 



330 GAME, FISH AND FORESTRY LAWS. 

occupying the premises with him in such moderation that wild 
plants may not become extinct in the neighborhood.' The destruc- 
tion of growing trees or ornamental shrubbery or any injury there- 
to is prohibited, except the same be done with the permission of 
the Department. 

7. The Department reserves the right to fix the location of any 
building which the lessee may desire to erect upon the leased area, 
and to determine the minimum value of such building. All plans 
and specifications for the erection of buildings shall, at the call 
of the Department, be submitted for criticism and inspection and 
be accompanied by a certificate of the architect or builder, as to 
the minimum cost of such building. 

8. Should the lessee desire simply to erect tents and tent floors 
instead of building a more permanent kind of structure, the same 
shall be deemed to come within the purview of the act and within 
the authority granted by this lease. 

* 9. Every lessee shall have the privilege of using, at an agreed 
price, dead and down wood from the nearby State Forest, which 
wood is to be used by him only for fire and fuel purposes, and to 
be procured by him only after permission has been given by an 
ofiicer of the Department. 

10. whenever violations of the laws of the Commonwealth or 
of the rules of the Department relating to the use of the State 
Forests shall come to the notice of the lessee, he hereby agrees 
to give information of the same to the Department. The lessee 
likewise agrees to abide by all the rules now made for the govern- 
ment of the State Forests or which may be adopted in the fu- 
ture. 

11. The lessee may make application for a renewal of this lease 
by filing with the Department an application in writing three (3) 
months prior to the expiration of the term for which it is granted ; 
but the Department will exercise its discretion whether or not the 
lease shall be renewed; and if renewed, whether on the same or 
upon different terms; and if in the judgment of the Department it 
be deemed necessary or expedient that a renewal of the lease be 
refused nothing herein contained shall be construed to limit the 
right of the Department so to do. No assignment of this lease, nor 
subletting of premises, shall be made by the lessee to any third 
person, except the same shall first be approved by the Depart- 
ment. 

12. Should the lessee violate any of the conditions contained in 
this lease or any of the general laws of the Commonwealth or the 
rules of the Department for the government of the State Forest, 
the Department may upon proper proof thereof rescind and vacate 
this lease and require the lessee to remove at once from the leased 
land ; and all buildings or other structures thereon erected by the 



GAME, FISH AND FORESTRY LAWS. 331 

lessee shall become the property of the Commonwealth if the lessee 
shall not within a reasonable time, to be fixed by the Department, 
remove the same therefrom ; but in every such case the Department 
will receive the application of the lessee or of third persons for 
the approval of an assignment of the lease to a third person for 
the remainder of the term and of the sale of any buildings on the 
leased area by the lessee to the intended assignee of the lease. 

13. For the sake of the protection of the State Forest as well 
as for the protection of any buildings which may be erected upon 
the leased land, the lessee is required to assist in the extinguish- 
ing of all forest fires which may originate within a reasonable 
distance of the leased land, and to use all reasonable means to 
discover where and how the fire originated and report such dis- 
coveries to the Department, provided, however, that at the time of 
the fire the lessee be present occupying the leased premises. 

14. The Department reserves the right to inspect the leased 
premises at all times, in order to determine whether this lease 
is being fully complied with. 

15. The forester representing the Department on the reserve 
wherein the leased premises are situate, shall be supplied with a 
duplicate key to every cottage or other building erected on the 
leased land, as aforesaid, in order that in the absence of the lessee 
or his family and guests the premises may be inspected from time 
to time to see that they remain in good order and condition ; and 
should the forester or any of his employes at any time be overtaken 
by storm or other cause making it necessary that they be afforded 
shelter while on that part of the reserve wherein the leased premises 
are situate, the privilege to use said cottage or other building 
erected thereon for such emergency purposes is reserved to the 
Depatment ; it being understood and agreed that such use will be 
temporary and will be exercised only in case of emergency, and of 
which the forester shall be the sole judge. 

16. Under the direction of the Department the lessee may at his 
own expense repair old roads or construct new ones to the site 
of the leased premises so' as to make the locality more accessible. 
He may likewise at Ms own expense and under the same direction 
erect telephone lines to connect his cottage or other buildings with 
other lines in the neighborhood, and for this purpose the Depart- 
ment will furnish the necessary poles provided they may be con- 
veniently had in the locality where the line is to be built ; but the 
cutting, removal, and planting of the same and the stringing of the 
wires thereon must be done by the lessee and at his own expense. 
The Department shall have the use of all such telephones on the 
leased premises and without charge, except in case of a toll or a 
long distance call. 



332 GAME, FISH AND FOKESTKY LAWS. 

17. The hitching of horses to trees on the leased area is pre 
hibited. For hitching purposes the lessee is requested to plai 
proper posts or otherwise provide for this need. 

18. Under the direction of the Department it will be the dut 
of the lessee to clear the leased premises of decayed wood, briars 
weeds, or other growth of worthless stuff, and of such trees as ai 
not required for "nurse" trees, and to keep the premises in a coi 
dition to prevent, so far as possible, any spread of or invasion b| 
fire. 

19. The Department being desirous of promoting the use of the' 
State Forests for general recreation and outing purposes, it will 
at all times be open to receive suggestions from the lessee with 
respect to such use of the lands, and will from time to time tender 
to the lessee and his family and guests such other assistance not 
herein specifically enumerated as will be proper for the Depart- 
ment to render, in order to promote the purposes for which the 
Act of Assembly was enacted, as well as the comfort and con- 
venience of the lessee. 



GAME, FISH AND FORESTRY LAWS. 33c 



SUGGESTIONS FOR ORGANIZATION OF GAME, FISH, 
AND FORESTRY ASSOCIATIONS. 



CONSTITUTION. 

Article I. 

The name of this association shall be 

Article II. 

, Any reputable, law-abiding person shall be eligible to member- 
ship herein who shall be, etc. 

Article III. 

The officers of this association shall consist of a President, a 
Vice President, a Secretary, and a Treasurer who together with 
five other members of this Association, to be elected by the asso- 
ciation, shall compose the Executive Committee during the year 
of their election. 

Article IV. 

The Executive Committee shaU have full charge of the business 
of this association, shall receive and investigate all complaints 
coming to them of violations of the forestry, the game, or the fish 
laws, and at once prosecute or, through the Secretary, notify the 
Commissioner of Forestry, the Commissioner of Fisheries, or the 
Secretary of the Game Commission at Harrisburg, as the case 
may be. 

Article V. 

Five of this Committee shall constitute a quorum for the trans- 
action of business and shall meet at least once a months 

Article VI. 

This association shall hold two regular meetings, to be held 
on the day of and the day of 

and such other special meetings as may be called by the Presi- 
dent or a majority of the Executive Committee. 



334 GAME, FISH AND FORESTRY LAWS. 

Article VII. 

This orgauizatiou is formed for the protection and preservation 
of our forests, the protection of game, of song and insectivorus 
birds, and of fish; for aiding in the enforcement of the laws of 
this Commonwealth governing the same, and to unite the efforts 
and influence of all law-abiding citizens within the State ; and 
in securing such future legislation upon these subjects, as may be 
considered best suited to advance the interests of the people of the 
Commonwealth. 

With this object in view we hereby pledge ourselves not only to 
obey the laws of the Commonwealth pertaining to these subjects, 
but to use our influence to have others obey them. We agree to 
report to the Secretary of this organization the name of any in- 
dividual who may to our knowledge violate these laws, or any of 
them, and if need be to testify against such person t(» s ( ure his 
conviction . 



GAME, FISH AND FORESTRY LAWS. 335 



FACTS RELATING TO PENNSYLVANIA STATE FORESTS 



Because of the value of forests to the Gom:u on wealth, the State 
authorized the purchase of mountain lands in 1897, for the estab- 
lishment of State Forests. 

The area of State Forests to date is 1,003,114 acres, located in 
the following 26 counties: Adams, Bedford, Cameron, Centre, 
Clearfield, Clinton, Cumberland, Dauphin, Elk, Franklin, Ful- 
ton, Huntingdon, Juniata, Lackawanna, Lycoming, Mifflin, Mon- 
roe, Perry, Pike, Potter, Snyder, Somerset, Tioga, Union, West- 
moreland, and Wyoming. 

The cost of this vast domain is $2,284,587.90, or an average of 
$2.27 per acre. 

The State Forest Academy was established in 1903, to train 
young men in practical forestry, to care for the State Forests. 
Seventy-four foresters have been graduated from this institution. 

The Department of Forestry now employs 64 foresters and 90 
rangers. 

Over 3,000 miles of roads and trails have been built, opened, or 
repaired. Over one hundred miles of telephone lines have been 
built. Fire observation towers have been constructed. 

Improvement cuttings are being made. 

Four large forest tree nurseries and 14 small ones have been 
started . 

Forest tree seedlings are being raised and distributed to indi- 
viduals for reforestation purposes free of cost. 

Over 16,600,000 forest tree seedlings have been planted on more 
than 8,500 acres, on the State Forests. 

Mineral deposits are being developed. 

The sale of material from the State Forests has yielded over 
$95,500, which has been set aside for "The State School Fund of 
Pennsylvania." All future receipts from State Forests will be 
placed in the School Fund. 



33G GAME, FISH AND FORESTRY LAWS. 

The Forests are now beiiag used as sanatoria. 

Game Refuges are being established upon various State Forests. 

Campers, hunters, and fishermen are invited upon State land. 

Camp sites may be leased for a period of ten years. 

State Forests afford employment where work is scarce. 

A demand for the raw products of State Forests is being de- 
veloped and partially met. 

Cities and towns are supplied with pure water from these pro- 
tected forests. 

The flow and purity of streams which head within theai, are 
regulated and conserved. 

Road districts and school districts receive in lieu of tax'es t./o 
cents per acre for State land situate within them. 

The total cost of State forestry work, excluding land purchases, 
amounts to about $2.00 per acre for the area now owned. 

The State Forests represent an asset of at least $6,000,000, and 
their benefits will multiply in geometrical ratio as the legislature 
permits a business-like development. 

June 1, 1915. .j 



mmi TO FORESTRY LAWS 



A. 

Page. 

Acts, certain, prohibited in forest or timber land, 257, 283, 293, 297,322 

Academy, Forest, 2^5 

Advertisement by county commissioners, 209 

Annual charge on land for school purposes, 276.293,325 

Annual charge on land under auxiliary forestry reserve act, 3C'3, 306, 32.5 

Appeal 2S5, 291,305 

Application for permit to camp, 327 

Appalachian Reserve, may be established in Pennsylvania, 296 

' Appointment of Commissioner of Forestry 265 

Appointment of forest v^^ar dens, 316 

Appointment of fire officers, 315 

^ppo' 'itment of detectives, 237, 269 

Appraisers, 2S9. 305 

Arrest, 272, 29S , 320, 321, 318 

Arrest, warrant for, 272 

Arrest, without warrant, 263,272,318,323 

Associations, suggestions on, 333 

Assessment and taxation under Forestry Keserve Act, 308 

Assessors, duties of, 259 

Assistance in extinguishing fire, compelling, 318 

Attorneys may be employed , 267, 2f70 

Auditor General, certain duties of, 264,324 

Auxiliary • forest reserve, 303,306 

B. 

Bond, State Forestry Commissioner, 269 

Boundary trees, removal of 258 

Borough officers, powers of, 270,278 

Boroughs, right to impound water, Z77 

Boroughs, right to establish forests 270,287 

Bureau of Forest Protection, ., 312 

Bureau of Forest Protection, powers and duties of 313 

C. 

Camp on State lands, rules, 327 

Cattle, pasturing of, rules, 327 

City forests may be established 286 

Commission, State Forestry Reservation, 2r74 

Commissioners, county, certain duties of, 260,264,270,301,308 

Commissioners of Forestry, appointment of, 265 

Commonwealth authorized to purchase lands for taxes, 260 

Compensation of fire wardens, 315.316 

Compulsory Assistance in extinguishing fire 318 

(337) 
22 



338 INDEX. 

Page. 

Condemnation by United States 296 

Constables, powers and duties of, 263 

Convictions before court 25.8,294, 298, 2.99', 320, §21 

Convictions before justice, 271, 285 

Co-operative agreements for preventing fire, 323 

County Commissioners, duties of, 260, 264, 270, 301,338 

County commissioners to offer lands to department, 308 

County treasurer, duties of 260 

County may forfeit State aid, 269 

Cutting or mutilating grovping timber, 294,297,29S 

Cutting timber trees by tenants in common 258 

Cutting of timber under Forest Reserve Act SBS 

Cutting of timber under Auxiliary Forest Reserve Act, 302,304 



Damages double and treble, 298 

Damage to trees by electric light or telephone comjianies 26.9 

Damage by cutting or injuring timber without owner's consent, . .293,294,297,228 

Debris must be removed from oil or gas well lands, 282,283 

Defacing signs or posters on State lands 294 

Department of Forestry, 263, 267, 269, SOT 

Detectives may be appointed by Department of Forestry 265,267,2iS9 

Detectives shall be appointed by county commissioners, 264 

District fire wardens, 315 

District Foresters 30(s 



Electric light companies, liability of, for damage to trees, 259 

Employes of the Commissioner of Forestry, powers on State lands, — 272 

Ex-officio fire wardens ' 317 

Bstrepment, writ of, ^8 

Examination of lands under auxiliary forestry reserve act 301 

Expenses of extinguishing fires, how paid, 319 



Failure to care for trees under auxiliary reserve act, 301 

Fines 264, 380, 283, 294, 298, 299 , 320, 321. 322 

Fire starting on one's own land, or land of another, 293 

Fire not to be lighted on woodlands or marshes 293 

Fire not to be kindled on forest reserves, 294 

Fire warden, chief forest 313 

Fire warden, ex-ofliclo 217 

Fire warden, duties and powers of, 313, 314 

Firewarden, penalties for failing in duty 320 

Fires, extinguishment of 281,283,293,313,315,316,317,319,323 

Fires, co-operative agreements respecting 323 

Firing the woods, penalties for ...293,297 

Floods 262 

Foresters, district, 308 

Forestry Reservation Commission, 274 

Forests, municipal, may be established, 286 

Forest offiers, duties of .267,2f72, 273, 275, 308, 309',313, 314, 315,316 

Forest reserve, exempt from taxation, 268 



INDEX. 339 

Page. 

Forest reserve, fixed charges on, 276,293,306,325 

Forest reserve, right of way through, 324 

Forest reserve, waters on, 277 

Forest officers, duties extended, 323 

Forest protection code 312 

Forest academy, 275 

Fruit trees along roadside, 297 

G. 

Gas well lands, preventing fire on, 281 

Governor, duties of, in certain cases 99,265,269 



Harvesting of timber under Auxiliary Forest Reserve Act 304 

Harvesting timber under general forest act 266 

Highways bordering on or within reserves, 269,274 

Highways, trees along, protection of 271.2&7 

Hindering a forest officer, 321 



Injury to or mutilation of tree?, 271.294,297,298 

Intentional firing of forests, 294,298 



Jurisdiction of constables, 263 

Justice of the peace, 252 



Kindling fires on State reserves, 

Kindling fires on one's own land, or on lands of another, 



l^and, power of Forestry Commission to purchase , 265 

Land , county commissioners to offer 308 

Land to be under control of Department of Forestry, 262 

Land of the State exempt from taxation, 268 

Land liable to fixed charge, .' 276,292,306,325 

Land, title to vacant 290 

Land in forest reserves under charge of Commissioner of Forestry, 267 

Land, not subject to warrant or survey 268 

Land, purchase price enlarged, 312 

Landmarks 258 

Lease of mineral rights in reserves, 266 

Leases, permanent camping 299 

Liability, personal, of fire warden to pay costs of extinguishing fires, . . 319 

Lien under Auxiliary Forestry Reserve Act, 304. 306 



340 INDEX. 

M. 

Page. 

Magistrate, duties of 282 

Marketing of timber under Forestry Eeserve Act, 266 

Maximum price to be paid for land 312 

Minerals on State land, 266 

Minerals under Auxiliary Forestry Reserve Act 303 

Misdemeanor, 25S, '285, 294, 29S, 299, 320, 331 

Municipal forests may be established 286 

Municipalities, right to impound water 277 

Mutilation of growing timber 263,271,278,383,295,328 

Mutilation of posters or signs 294 

N. 

National forest reserve, 295 

Navigable rivers, warrants for beds of, 29'1 

Notice, trespass. (See Index to Game Laws), 23,25 

Notice to State Forestry Eeserve Commission, to classify lands, 290 



Office of the Commissioner of Forestry 267 

Officers refusing or neglecting to do their duty, 320 

Oil well lands, precautions to prevent fire on 2S1 

Organization, suggestions for game, fish and forostry, 333 

Owners in common, rights of 258 

Owners, no compensation for, extinguishing fire on own lands, 319 

Owners, rights of , under Auxiliary Forestry Reserve Act, 300,302 

P. 

Pasturing of cattle, 327 

Penalty for refusing assistance in extinguishing fire, 320 

Permanent leases for camping, 299 

Permit to camp, 327 

Persons assisting In extinguishing fire shall be paid, 319,320 

Pipe line. (See Rights of Way), 

Powers of the Commissioner of Forestry, 265,266,267 

Powers of forest officers, 273,313,314,315,316,317,318 

President of Forestry Commission 267 

Protection of the State Forest Reserves 293,313,318 

Protection of trees and woodlands 397 

Public roads in or along forest reserves, 283 

Purchase of land by the Commonwealth, 260,308,312 

Purchase of land, money for, how paid, 274 

R. 

Railroad companies, duties of respecting fire, 283 

Record to be kept of lands purchased by the Commissioner of Forestry, 262 

Redemption of land 262 

Refusing, officers, to do their duty, 320 

Removing or destroying land marks 258 

Replanting 302 

Reserve, fixed charges on 276,292,306,325 



INDEX. 341 

Page. 

Revenue for school and road purposes, , 276,292 

Rights of way through State lands, 324 

Rights of owners under Auxiliary Forestry Reserve Act, 300,302 

Rivers, navigable, warrant for beds of, 291 

Roads in township where forestry reserves are located, 276 

Roads on forest reserves, 268 

Rules of Forestry Commission, power to make, 265 

Rules for government of State Forests, 273 327 

Rules, punishment for violating, 294 

S. 

Sale of lands under Auxiliary Forestry Reserve Act 303 

Schools, fixed charges for 275,292 

Schools, tax for, under Auxiliary Forestry Reserve Act 306 

School of Forestry, 275 

Seedling trees, growth and and distribution of, 293, 310 

Setting fire to woodlands 293,297 

Shade trees, planting of, by boroughs, cities and townships, 277 

Shade trees along roadsides, 297 

Shade Tree Commission, 217 

Spark arresters, engines to be provided with 283 

State Forest Academy, 275 

State forest lands, public roads on, 268 

State forest lands subject to fixed charge, 276,292,306,325 

State forest lands not subject to taxation, 26S 

State school fund 325 

State Treasurer, duties of, 264 

Street railways on forest reserves, 273,283,323 

Suggestions for organization, 333 



Tax under Forestry Reserve Act 303 

Telegraph or telephone companies, liability of 259 

Tearing or mutilating posters or signs on State lands 294 

Tenants in common, rights of, 258 

Timber cutting without owner's consent, 294,297,298 

Timber land to be returned separately for assessment, .• 259 

Timber cutting title to, not to pass under certain conditions 238,298 

Timber from State reserves may be sold by Commission, 266 

Timber, under Auxiliary Reserve Act., 302 

Title of land to vest in Commonwealth 262,268 

Title to vacant land, 290 

Township forests may be established, 287 

Town ofl3cials, duties in certain cases 270 

Tree seedlings, growth and distribution of 310 

Trees, damage of 271,294,297,298 

Trees, boroughs may require planting of, 271 

Trees growing along roadside 277,2183 

Trees, malicious removal or destruction of, 271.294,297,298 

Trees, planting along roadside 270,277,283,297 

Trees, planting of, by Shade Tree Commission, 277 

Trees and woodlands, protection of 297 



342 INDEX. 

u. 

Page. 

United States may establish reserves in Pennsylvania, 295 

Unseated land 260 



Vacant land, title to 288 

Viewers to appraise vacant land , 288 

Viewers to appraise damage, ."■ 260 

W. 

Wanton or wilful starting of forest fires 293,297 

Wardens, fire, duties and powers of, 313,315,316,317,318 

Wardens or forest officers, duties and powers of 313,315,316,317,318 

Warrants of arrest, £72,298,320,321,318 

Warrants for trespass. (See Index to Game Laws) 23,25 

Wilful or careless destruction or mutilation of trees and timber 294,297,288 

Writ, of estrepement, how obtained, 258 

Woods, woodlands or marshes, wilful setting fire to, 293,297 

Woodlands, protection of, 297 



'•%, 



*4 



% 



Forest Fires in 
Pennsylvania 



MUST BE 



Stopped 



if you desire GAME, FISH, and FOR- 
ESTS for the future 



See Page 254 



LIBRARY OF CONGRESS 



002 898 646 4 



* 



